Case No: C1/2012/3142
Neutral Citation Number: [2013] EWCA Civ 127
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
(MR JUSTICE SUPPERSTONE)

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: Monday 28th January 2013

Before:

LORD JUSTICE ELIAS
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Between:

	NetJets Management Limited	
Appellant	
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Central Arbitration Committee and Anr	

Respondents	

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(DAR Transcript of 
WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
Tel No:  020 7404 1400  Fax No: 020 7831 8838
Official Shorthand Writers to the Court)

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Mr Jeremy Lewis (instructed by Evershed Limited Solicitors) appeared on behalf of the Appellant.

Mr Jessie Crozier (instructed by the Central Arbitration Committee) appeared on behalf of the Respondents.

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Judgment
Lord Justice Elias:

1.	I have considered an application for permission to appeal that was refused on paper by Sir David Keene on the ground that there is no error in law by the judge.  It concerns a claim for recognition and the case is one of judicial review of the decision of the Central Arbitration Committee.  I have indicated with some considerable hesitation that it seems to me that I ought finally to allow this to go on appeal.  It is looking at the question of jurisdiction in a slightly unusual context where there is an application for recognition in relation to a group of workers and the principal issue is to what extent the characteristics of that group should inform the decision as to whether the CAC has jurisdiction.  The argument is that the CAC did not focus on that and that had they done so, they might have come to a different decision.

2.	This is the first time a point of this kind has been brought before this court and I think there is enough in it at least for me to give permission, bearing in mind that I only have to consider at this stage whether it is arguable.

3.	But I think it ought to be expedited.  It should not take more than a day.  Three Court of Appeal judges.

Order: Application granted