England and Wales Court of Appeal (Civil Division) Decisions

IN THE SUPREME COURT OF JUDICATURE
CIVIL DIVISION
ON APPEAL FROM THE HIGH COURT
BIRMINGHAM COUNTY COURT
(Mr Recorder Harbage)

		The Royal Courts of Justice The Strand London Tuesday 2 July 2002

Tuesday 2 July 2002

1. LORD JUSTICE DYSON: Mr Ashleigh-Nicholson, who is a litigant in person, has not appeared this morning. It is now ten past ten. A letter was sent to him on 6 June, at the address notified to the court, informing him that his application would be heard today at or after ten o'clock.
2. In these circumstances, it seems to me that his application should be dismissed. When considering the matter on the papers, I refused his application, saying:

"There is no real prospect of overturning the central findings of fact which led the Recorder (who applied the correct legal principles) to dismiss the claim."

3. In preparing for this application this morning, I have reviewed the papers, and I remain of the view that I expressed on the papers.
4. Accordingly, I would dismiss this application, first because the applicant has not appeared, but secondly because I remain of the view that I expressed on the papers.
5. MR JUSTICE WALL: I agree. I have also had the opportunity to read all the papers in the case and, like my Lord, I see no real prospect of Mr Ashleigh-Nicholson overturning the Recorder's central findings of fact. I agree therefore with the course my Lord proposes.
ORDER: Application refused