England and Wales Court of Appeal (Civil Division) Decisions

IN THE SUPREME COURT OF JUDICATURE
CIVIL DIVISION
ON APPEAL FROM CARDIFF COUNTY COURT
(His Honour Judge C Masterman)

		Cardiff Civil Justice Centre Park Street Cardiff Tuesday 29 January 2002

Tuesday 29 January 2002

1. LADY JUSTICE ARDEN: This is Mr Green's application for permission to appeal on a number of grounds. The matter was listed for this morning at 10.30 and Mr Green was notified of that. However, he sent a fax to the court on 27 January 2002 stating that it was understood that he would receive the full transcripts of the hearings before His Honour Judge Richards sitting at Swansea County Court on 12 October 2001 and 16 October 2001. Those are the decisions under appeal.
2. He says this:

"I have received from you, part of the … requested transcripts (but only the judgments) and not the transcripts of the full hearing, this does not allow me to put before the court my best case and a right to a fair hearing."

3. Mr Green also refers to the fact that he is disabled, the nature of his case and the fact that to come here today would involve his travelling from Carmarthen. He asks the court in this fax for an adjournment.
4. I have read his fax and considered the matter. No grounds, as I see, are set out for asking for the transcripts. What Mr Green was given at public expense were transcripts of the judgments and he has indeed had those transcripts. He has put in very full submissions in writing which I have read, and he attended in person at the two hearings on 12 and 16 October 2001. The order that he should have the transcripts of the judgments at public expense and not the transcripts of the full hearing was in accordance with the practice of the court.
5. In those circumstances what I propose to do today is to ask the court's officer to contact Mr Green forthwith, by telephone and by letter, stating that this application will be taken again on Thursday of this week at 11.30 am and that Mr Green should, if he wishes to pursue his application, be here at that time and date and I will retain it to myself on that occasion. I should add, and would like Mr Green to be told, that if he is not present on that occasion it is likely, subject to his further submissions, that I will deal with the application in his absence.
ORDER: Application adjourned