Abouchitaa v El-Yamlahi

In an appeal against a committal order, repeated failure to provide an approved note of the lower court’s judgment may justify retaining the appeal in the dismissal list and making an unless order. The court may direct that the appeal be dismissed with costs without further order if the note is not lodged within the specified period. Appeals affecting liberty require prompt determination. Case-management directions may include direct verification of progress and scrutiny of publicly funded solicitors’ costs.

The respondent’s appeal against a committal order made by Mr Recorder Barker at Wandsworth County Court had repeatedly been listed for dismissal because the approved note of judgment had not been provided. A previous unless order required the note, or a detailed chronology, by a specified date. A brief chronology led to temporary removal from the dismissal list, but the note remained unavailable when the matter returned before the Court of Appeal.

The central issue was whether the appeal should remain subject to dismissal for continued failure to progress it, and what further directions were appropriate given that the appeal involved the subject’s liberty.

1. Conditional dismissal order. The court continued to keep the appeal in the dismissal list because the approved note of the Recorder’s judgment had still not been lodged, despite repeated opportunities and directions. It ordered that, if the note was not received within seven days of the seal on the order, the appeal would be dismissed with costs without further order. The appeal was therefore not dismissed immediately.
2. Need for expedition. An appeal involving the liberty of the subject was required to be determined as quickly as possible. The court was entitled to take account of the prolonged lack of progress and to verify the position directly through the Civil Appeals Office and the County Court.
3. Costs supervision. The judgment was directed to be transcribed, with copies provided to the costs officer. The officer was to determine whether the respondent’s solicitors’ costs had been reasonably incurred, bearing in mind that the solicitors were publicly funded for the appeal and apparently also in the court below.

• Court of Appeal (Civil Division): In [2001] EWCA Civ 1024, Deputy Master di Mambro continued the appeal in the dismissal list and made a conditional dismissal order.
• Wandsworth County Court: Mr Recorder Barker had made the committal order from which the appeal arose.