Wallace v The People's College

An application to reinstate a refused application for permission to appeal may be dismissed where the applicant fails to attend and provides no satisfactory explanation. A bare assertion of prior commitments, without details of their nature or when incurred, does not justify a further adjournment. The court may refuse to put the matter off again where repeated non-attendance prevents the application from being properly progressed.

The applicant sought reinstatement of her application for permission to appeal against the Employment Appeal Tribunal’s dismissal of her appeal from an Employment Tribunal decision. The Employment Tribunal had dismissed her race discrimination claim and found a breach of contract but no damage. Permission to appeal was refused on paper, and the renewed application was considered in her absence when she did not attend. She later applied to reinstate it, asserting that she had been in custody at the earlier hearing. She again failed to attend, notifying the court only that she had prior commitments. The central issue was whether that explanation justified a further adjournment and reinstatement.

The application to reinstate the application for permission to appeal was dismissed.

1. The applicant had previously failed to attend the hearing of her renewed application for permission to appeal. The court had nevertheless considered the papers and refused permission because the proposed appeal had no real prospect of success.
2. For the present application, the applicant again failed to attend. Her fax stated only that she had prior commitments and gave no details of their nature or when they had been incurred.
3. That explanation was inadequate. The court emphasised that it cannot effectively serve the public if parties issue applications and then fail to attend, or fail to provide adequate reasons when attendance is impossible. In the circumstances, another adjournment was unjustified.
4. The formal order was: application for permission to reinstate dismissed.

• Court of Appeal (Civil Division): dismissed the application to reinstate the refused application for permission to appeal.
• Employment Appeal Tribunal: dismissed the applicant’s appeal from the Employment Tribunal, finding no error of law in the Employment Tribunal’s decision.
• Employment Tribunal: dismissed the race discrimination claim and found a breach of contract, but held that no damage had been suffered.