QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Manchester Civil Justice Centre 1 Bridge Street West Manchester M3 3FX |
||
B e f o r e :
____________________
M |
Claimant |
|
- and - |
||
BURNLEY, PENDLE & ROSSENDALE MAGISTRATES' COURT |
Defendant |
____________________
WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7404 1424
Official Shorthand Writers to the Court)
THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.
____________________
Crown Copyright ©
Mr Justice Langstaff:
The facts
"We have noted their ages. Against this we balance that this has been listed since 10 November. All witnesses for the police including Mr Williams are present. We note that whilst defence solicitor present, it would appear the defendants have not provided him with full instructions for today's hearing. In fact it is some time since their services were last sought. We have also taken account of the impact of this hearing proceeding or not on both the defendants, the police and public at large. Having taken all this into account we are firmly of the view, given the nature of the proceedings, the impact on both the defendants and the community, the time elapsed since the hearing was listed and the conduct of all parties, that the interests of justice are best served by the case proceeding today."
The relief sought
Submissions
Discussion
"…the discretion to commence a trial in the absence of a defendant should be exercised with the utmost care and caution. If the absence of the defendant is attributable to involuntary illness or incapacity it would very rarely, if ever, be right to exercise the discretion in favour of commencing the trial, at any rate unless the defendant is represented and asks that the trial should begin."
Relief
MR GURNEY: Thank you my Lord. So far as costs are concerned I and my instructing solicitor are publicly funded, given …
MR JUSTICE LANGSTAFF: You want an order for legal aid taxation.
MR GURNEY: Yes.
MR JUSTICE LANGSTAFF: Detailed assessment.
MR GURNEY: Yes.
MR JUSTICE LANGSTAFF: You may have it.
MR GURNEY: Thank you.