Flynn v Robin Thompson & Partners & Anor

[2001] EWCA Civ 453

Summary

In a procedural application to reinstate a matter, the court may determine the application from the papers where the applicant was properly notified but does not attend. If the papers disclose no merit in the application, it should be dismissed.

Factual background

The claimant applied in the Court of Appeal to reinstate a matter. The claimant was properly notified of the hearing but did not attend or have representation. The respondents also did not appear. The court considered the papers, found no merit in the application, and dismissed it. The judgment does not state the nature of the underlying claim or the order made below.

Held

  1. The application to reinstate was dismissed.
  2. Lord Justice Henry noted that the applicant had been properly notified of the hearing date but had not appeared. The respondents were also unrepresented.
  3. On perusal of the papers, the court concluded that the application had no merit. The court therefore made the formal order: application dismissed.

The court’s approach to earlier authorities

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Appellate history

  1. Court of Appeal (Civil Division): the application to reinstate was dismissed.
  2. High Court of Justice, Queen's Bench Division: identified in the heading as the court below, but the judgment gives no citation or details of its decision.

Appeal route

  1. Appealed fromNot stated in the judgmentThis appealapplication dismissed
  2. This judgment [2001] EWCA Civ 453 Court of Appeal (Civil Division)

Key cases cited

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