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 LAMBETH COUNTY COURT
(HIS HONOUR JUDGE COX)

		Royal Courts of Justice Strand London WC2 Thursday, 20 December 2001

1. LORD JUSTICE PILL: This is an application for permission to appeal. It was listed for hearing on 4 December and adjourned at the request of the applicant's solicitors to today to allow an application for legal aid to be determined.
2. The court has received this morning by fax a letter in which the solicitor states public funding has in the event been discharged and they request to come off the record. They add:

"Unfortunately we have been unable to contact our client and have only been able to leave a message informing her of the legal aid position."

3. We do not know whether the applicant may wish to instruct other solicitors on a different basis or whether she may appear in person. We cannot be satisfied that she has been given an opportunity to decide the position as she has not appeared herself this morning. However, it appears to us that the right course is to adjourn the case to give her an opportunity to make a decision and to appear either in person or by other solicitors. In the absence of legal aid it would not be right to resolve the matter today on the basis of the information we have.
4. Accordingly, the application is adjourned to a date to be fixed. It should be listed as soon as possible.
Order: Application adjourned to a date to be fixed; to be listed as soon as possible.