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England and Wales Court of Appeal (Civil Division) Decisions
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Smillie v Southend On Sea Borough Council [2002] EWCA Civ 516 (27 March 2002)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/516.html
Cite as:
[2002] EWCA Civ 516
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Neutral Citation Number: [2002] EWCA Civ 516 |
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NO: C/2001/2330 |
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
(HOOPER J)
(Application of Clmt for pta decision to refuse
permission to apply for judicial review a stay
of execution and an extension of time.)
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Royal Courts of Justice
Strand
London WC2
Wednesday 27th March 2002 |
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B e f o r e :
LORD JUSTICE SEDLEY
____________________
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SMILLIE |
Applicant/Claimant |
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- v - |
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SOUTHEND ON SEA BOROUGH COUNCIL |
Respondent/Defendant |
____________________
Computer Aided Transcript of the Stenograph Notes of
Smith Bernal Reporting Limited
190 Fleet Street, London EC4A 2AG
Telephone No: 020 7421 4040 Fax No: 020 7404 1424
(Official Shorthand Writers to the Court)
____________________
The Applicant did not attend and was not represented
____________________
HTML VERSION OF JUDGMENT
____________________
Crown Copyright ©
Wednesday 27th March 2002
- LORD JUSTICE SEDLEY: Mrs Smillie for the umpteenth time has failed to appear when her case was called on. It was called on at 10 o'clock last Wednesday morning, 20th March. She was not here. It appeared, however, that she had arrived later in the day, having been mistakenly told by the Court that the case was to be heard at 10.30. Consequently the decision I gave then in her absence was treated as vacated and she was offered her fare in order to enable her to return without hardship today. The case was listed for 2 o'clock today. She is not here and it is now 2.20. Mrs Smillie has a long history of non-appearance and procrastination. On her non-appearance last time I gave judgment against her, giving reasons why on the merits her case had no substance, her case being at that stage that Hooper J had been wrong to dismiss her application for non-attendance. Everything I said then applies equally today and I will not repeat it. The application is dismissed.
