England and Wales Court of Appeal (Civil Division) Decisions

IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
(Mr Justice Elias)

		Royal Courts of Justice Strand London WC2 Wednesday 5th December, 2001

1. LORD JUSTICE MUMMERY: This is an application for permission to appeal from the order made by Elias J on 14th February. The paper application came before Schiemann LJ. On 28th March 2001 he adjourned the matter into court, stating in the reasons that there appeared to be sufficient material to justify an oral hearing of the application. He directed that the Home Office should be notified and that the appeal should follow if permission to appeal was granted.
2. The matter was listed for hearing for today. The parties had been informed that this was a case in which, if the court granted permission to appeal, it should proceed then as an application for judicial review under Rule 52.15(3) before a single Lord Justice constituting himself as a judge of the Administrative Court.
3. When the matter was called on this morning the solicitor for the applicant, Mr Ewekwe, explained that counsel was not available to argue the case today because he had only received notification this morning from the legal aid authorities that they had granted funding for the oral hearing of the application for permission, and there was no legal aid for the hearing of the application for judicial review, if that proceeded following the grant of permission. He asked for a short adjournment.
4. The application for the adjournment was opposed by Miss Anderson for the Home Office on grounds that this would cause further delay and waste time. She also opposed an application which was presented to the Civil Appeals Office this morning to obtain permission to rely on further evidence on the hearing of the application.
5. Having considered the matter, we think that this is a suitable case for the grant of a short adjournment in order to ensure that the legal aid position is sorted out, so as to enable counsel to appear and argue both the application for permission to appeal and, if that application is granted, to argue the application for judicial review.
6. In those circumstances, we propose to adjourn this matter, which will be heard by a single Lord Justice on 19th December. That is just over two weeks' time.
7. We confirm that what will happen on that date is that, if the application for permission to appeal is granted, the substantive application for judicial review will proceed before a single Lord Justice sitting as a member of the Administrative Court.
ORDER: Application for permission to appeal adjourned to a single Lord Justice on 19th December, with substantive judicial review to follow if permission granted. (Order not part of approved judgment)