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 BRENTFORD COUNTY COURT
(His Honour Judge Oppenheimer)

		Royal Courts of Justice Strand London WC2 Thursday, 12th September 2002

Thursday, 12th September 2002

1. LORD JUSTICE THORPE: I had this case before me on 31st July when I endeavoured to ensure that Mr Dracup's complaint of the order made by His Honour Judge Oppenheimer on 13th June 2001 would be advocated by the Bar Pro Bono Unit. Unfortunately the Bar Pro Bono Unit is not in a position to help, and I am no further forward this morning than I was on that last occasion.
2. My very strong preliminary view is that this case is no business of the Court of Appeal. However, there is a residual doubt in my mind. I cannot understand why nothing has been done to implement the order in the county court made by Judge Oppenheimer. I am prepared to give Mr Dracup one last chance in this court. I will adjourn this application again. I will say that the adjourned hearing should be on notice to the other side. I give a time estimate of half an hour and on the next occasion I expect to hear brief submissions on -- what seems to me to be the essence -- how the order in the county court has not been implemented? What should now happen? Is there room for sensible mediation between the parties? Can the solution suggested by Judge Oppenheimer be improved by some negotiated agreement.
3. I warn Mr Dracup that if he takes advantage of this further opportunity and if at the end of it I do no more than dismiss his application for permission, he is on risk of having to pay the costs of the next hearing.
Order: As above. A copy of this judgment to be provided to the Applicant out of public funds.