England and Wales Court of Appeal (Civil Division) Decisions

IN THE SUPREME COURT OF JUDICATURE
CIVIL DIVISION
ON APPEAL FROM BATH COUNTY COURT
(Mr Recorder Tyson)

		The Royal Courts of Justice The Strand London Monday 15 April 2002

Monday 15 April 2002

1. LORD JUSTICE THORPE: This is Mr Channon's application for permission to appeal an order made by Mr Recorder Tyson on 19 November 2001, when he refused Mr Channon's application of 6 November 2001 for permission to make an application in the Bath County Court:

"to bring about an end and finalise my divorce so that I can get on [with] my life."

2. The recorder reasoned his refusal that the request for permission was insufficiently precise to justify a grant.
3. In the meantime, there has been finality in the negligence proceedings between Mr Channon and the firm of solicitors, Lindley Johnstone, who acted for him at the time of the trial of his former wife's ancillary relief claims. That has resulted in a judgment worth, in all, some £65,000 plus certain orders as to costs. Mr Channon is desperate in that he does not see how satisfaction of the various claims that he faces will enable that substantial sum to liberate him from the morass in which he has floundered for the last 11 years.
4. I suspect that this application for permission is without foundation. However, I have some sympathy for Mr Channon's sense of desperation, and I am prepared to adjourn the application for a period of three months to enable further developments to eventuate in the court of trial. I will also direct that the post-judgment exchanges in this court on 5 March 2002 be transcribed at public expense, a copy to be furnished to the court and a copy to Mr Channon. That is all that I do today.
ORDER: Application adjourned. The post-judgment exchanges in the Court of Appeal on 5 March 2002 be transcribed at public expense, a copy to be furnished to the court and a copy to the applicant. This judgment also to be transcribed at public expense and a copy sent to the applicant. (Order not part of approved judgment)