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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Turnbull v Chitole [2002] EWCA Civ 1577 (10 October 2002)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/1577.html
Cite as: [2002] EWCA Civ 1577
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IN THE COURT OF APPEAL (CIVIL DIVISION)
Strand London, WC2 Thursday, 10 October 2002 |
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B e f o r e :
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| TURNBULL | Respondent | |
| -v- | ||
| CHITOLE | Applicant |
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Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
The Respondent was not represented and did not attend
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Crown Copyright ©
- LORD JUSTICE BUXTON: The court sits because of an application from Mr Chitole who seeks to complain, first, about a decision of Mr Justice Lloyd of 3rd October in which the judge refused a stay of an order previously made against Mr Chitole and, secondly, seeks to renew his application for permission to appeal to this court that was considered by myself on paper and refused by me yesterday afternoon.
- I am informed that Mr Chitole attended the office this morning and said that he needed urgently to apply in this court for reconsideration of my decision which, of course, it is his right to do. He was informed by the office that, in view of the urgency of the matter, I would sit at 3 o'clock in this court in order to consider his application. Despite that and despite the fact, as I understand, Mr Chitole is in the building or has been earlier this afternoon, he has chosen not to attend before me at 3 o'clock this afternoon, as indeed he indicated to the official in the office was his intention not to do.
- In these circumstances I will order as follows, that his application to renew to an oral hearing is dismissed. That order will not pass the seal for a period of 7 days. The court will inform Mr Chitole of the order and of that stay upon it, and indicate to him that if he wishes to promote the application he must apply to this court in writing explaining why he has not been present this afternoon.