QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF HASHEM||Claimant|
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||Defendant|
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The Claimant did not attend and was not represented
Ms E Dehon appeared on behalf of the Defendant
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"I write further to your letter of 18 September 2014. Please note that we no longer act for the above claimant in this matter. We have not had instructions from the claimant for a considerable amount of time, and are unable to contact him on the contact details previously provided to us. In the event that the claimant contacts us, we shall forward on your details to him."
"The claimant attended my office on 23 September 2014. At that time, he provided me with a new contact number and postal address. As a result of the claimant's failure to have informed me of his change of contact details, he had not received any of the correspondence that had been sent to him about his case.
"As explained to him, that due to his failure to have sought to inform us of his change in contact details, and also his delay in seeking to contact us directly before then, we were not in a position to proceed to the substantive hearing of 8 October 2014 on his behalf.
"I advised him of the process by which he may inform the court and the Treasury Solicitor that he is now acting for himself."
"Prior to my letter of 25 September 2014, to the Treasury Solicitor copied to the court, I contacted the claimant on the telephone number provided at my meeting of 23 September 2014 in order to seek his consent to his contact details being provided to the Treasury Solicitor.
"The telephone number that was provided, however, is not correct, and therefore I have not been able to speak with the claimant in this regard. In the light of the cancellation of the claimant's public funding certificate, we are without funds or authority from the Legal Aid Agency to make an application to come off the record under CPR 42.3.
"It has always been my understanding that in circumstances where confirmation of public funding having been withdrawn could be produced, this is sufficient for the court to take us off the record as acting.
"This understanding was confirmed in the letter received from the court of 26 September 2014. The letter of 26 September 2014 is produced. It is a response to the solicitor's letter of 25 September."
"Where the certificate of a person to whom legal aid is provided is revoked or withdrawn:
"(a) the solicitor who acted for that person will cease to be a solicitor acting in the case as soon as the solicitor's retainer is determined by the regulation 24 or 41 of the Civil Legal Aid (Procedure) Regulations 2012.
"(b) if that person wishes to continue where he appoints a solicitor to act on his behalf paragraph 2 will apply as if he had previously conducted the claim in person, and (2), where he wants to act in person he must give an address for service."