Shettar v Soni (t/a A & S Estate Agent)

The Court of Appeal may refuse an application for permission to appeal where the case is called on and nobody appears in connection with it. The application was therefore refused.

This was an application for permission to appeal from Wandsworth County Court, before Mr Recorder Widdup. The matter was called on after no party or representative had appeared, and the Court of Appeal had been unable to ascertain that anyone was present in connection with the case. The central procedural issue was whether the application should proceed in the parties’ absence.

1. The application for permission to appeal was called on at 1.05 pm. No one had appeared for either the applicant or the respondent, and there appeared to have been no one present in connection with the case at any stage.
2. In those circumstances, the Court of Appeal refused the application for permission to appeal.
3. Order: Application refused.

• Court of Appeal (Civil Division): The application for permission to appeal was refused. [2001] EWCA Civ 132
• Wandsworth County Court: The application arose from a decision of Mr Recorder Widdup; no citation for that decision was stated.