Voak v London Borough Of Lambeth

Where an applicant’s legal representation ends unexpectedly before a permission application is heard, the court should ensure that the applicant has a real opportunity to decide whether to continue in person or instruct alternative solicitors. If the applicant is absent and the available information does not establish that such an opportunity has been provided, fairness may require an adjournment. The court should not determine the application immediately merely because public funding has been discharged.

This was an application for permission to appeal from Lambeth County Court before His Honour Judge Cox. The application had been adjourned at the applicant’s solicitors’ request while an application for legal aid was determined. On the resumed hearing date, the court was informed that public funding had been discharged and that the solicitors wished to come off the record. They had been unable to contact the applicant apart from leaving a message. The applicant did not attend and was not represented. The central issue was whether the application should be determined or adjourned to allow her to decide how to proceed.

The application was adjourned to a date to be fixed and ordered to be listed as soon as possible.

1. The court could not be satisfied that the applicant had been given a proper opportunity to decide her position after the discharge of public funding and the solicitors’ request to come off the record.
2. It remained possible that she might wish to instruct other solicitors on a different basis or appear in person. Her absence did not establish that she had made an informed decision to proceed without representation.
3. In those circumstances, and in the absence of representation for either party, it would not be right to resolve the permission application on the limited information then available. The appropriate course was to adjourn so that the applicant could make the necessary decision and participate in the hearing if she wished.

1. Court of Appeal (Civil Division): The application for permission to appeal was adjourned to a date to be fixed and directed to be listed as soon as possible.
2. Lambeth County Court: The application arose from a decision of His Honour Judge Cox. No citation for that decision was stated in the judgment.