England and Wales Court of Appeal (Civil Division) Decisions

IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM SHEFFIELD COUNTY COURT
(His Honour Judge Swanson)

		Royal Courts of Justice Strand London WC2 Monday, 19th March 2001

1. LORD JUSTICE THORPE: This is an application brought by Mr. J for permission to appeal the order of His Honour Judge Swanson given on 22nd May 2000, sitting in the Sheffield County Court. Mr. J is a litigant in person who has considerable experience of applications for permission to this court. He wrote a letter to this court which was received on Friday, giving notice that he was unable to attend and would appreciate an adjournment at the court's discretion. Absolutely no reason or explanation is proffered for his inability to attend. Accordingly, the application for an adjournment is refused.
2. In refusing the application, I am much influenced by the fact that the order that he seeks permission to appeal is, on its face, a consent order. In those circumstances, it is not surprising that there is no note in the judge's book of any proceedings in the court that afternoon; nor is there any transcript of any judgment. However, the court has been supplied with a note of attendance taken by one of the solicitors in the case. It is clear from that note that there were negotiations, described as lengthy and somewhat fraught. The note continues:

"At the conclusion an order was agreed and placed before His Honour Judge Swanson. Indirect contact only in accordance with a Schedule which was agreed."

3. In those circumstances, it is hard to see how Mr. J could possibly establish any sort of basis for permission or demonstrate that this court had any sort of role in relation to these protracted proceedings. The application for permission to appeal is refused.
Order: Application refused.