Barnes v Woolwich Plc & Anr

A renewed appellate application should be refused where subsequent events have removed any practical purpose from the relief sought. This applies even if the application might previously have had some merit. The court may decline to prolong proceedings merely to contact an absent applicant where continuation would be futile and would unnecessarily burden the court’s lists.

Mr Barnes renewed an application for permission to appeal and for a stay of execution concerning an order made by Jack J in the Queen’s Bench Division on 1 May 2001. That order had refused to adjourn a hearing listed for 4 May until after a review of a bankruptcy order listed for 10 May. Keene LJ had refused the application on paper on 3 May. On renewal, Mr Barnes did not attend. The central issue was whether the application should continue when the relevant hearing had already been adjourned.

The renewed application for permission to appeal and for a stay of execution was dismissed.

1. The application concerned an order refusing to adjourn the hearing listed for 4 May 2001 until after the bankruptcy-order review listed for 10 May 2001.
2. The court considered the application untenable. In any event, subsequent events had overtaken it. The hearing on 4 May had in fact been adjourned when Mr Barnes attended court that day. The relief sought therefore no longer presented a live practical issue.
3. The court stated that, even if the application had previously possessed merit, that possibility could not justify continuing it after the relevant event had occurred. Keeping the matter alive while attempting to contact the applicant would serve no useful purpose.
4. Continuing such a futile application would unnecessarily burden the Court of Appeal’s lists. The renewed application was accordingly refused, and the order was: application dismissed.

1. Court of Appeal (Civil Division): Keene LJ refused the application on paper on 3 May 2001. On renewal, the court dismissed the application in [2001] EWCA Civ 1165.
2. Queen’s Bench Division: Jack J made an order on 1 May 2001 refusing to adjourn the hearing listed for 4 May until after the review of the bankruptcy order listed for 10 May.