G (A Child), Re

An application to adjourn a permission application may be refused where the applicant gives no reason or explanation for non-attendance. Where the challenged order is, on its face, a consent order reached after lengthy negotiations, and the available material records agreement rather than a reasoned decision, the applicant may be unable to identify a proper basis for appellate intervention. Permission may therefore be refused where the proposed appeal discloses no identifiable role for the Court of Appeal.

Mr J, a litigant in person, sought permission to appeal against an order made by His Honour Judge Swanson in the Sheffield County Court on 22 May 2000. The order appeared to be a consent order providing for indirect contact in accordance with an agreed schedule. Mr J notified the Court of Appeal that he could not attend and requested an adjournment, but gave no reason or explanation.

The central issues were whether the application should be adjourned and whether the circumstances disclosed any proper basis for permission to appeal.

Disposition

The application for an adjournment and the application for permission to appeal were refused.

1. Adjournment. Mr J's letter gave notice that he was unable to attend but offered no reason or explanation. The court refused the adjournment.
2. Permission to appeal. The order sought to be challenged was, on its face, a consent order. A solicitor's attendance note recorded lengthy and difficult negotiations, followed by agreement of an order which was placed before the judge. There was no note in the judge's book of proceedings that afternoon and no transcript of a judgment.
3. In those circumstances, the applicant could not readily establish a basis for permission or demonstrate that the Court of Appeal had any proper role in relation to the proceedings. Permission to appeal was accordingly refused.

• Sheffield County Court: On 22 May 2000, His Honour Judge Swanson made an order which appeared to be by consent, providing for indirect contact in accordance with an agreed schedule.
• Court of Appeal (Civil Division): On 19 March 2001, the court refused the adjournment request and refused permission to appeal: [2001] EWCA Civ 420.