Singh; Re Application for Judicial Review

An application for permission to appeal may be refused where the applicant does not attend and the papers disclose no arguable merit requiring permission to be granted. The court may determine the application on the written material before it and dismiss it without making an order for costs.

Mr Ashwini Kumar Singh sought permission to appeal from Jackson J’s refusal of permission to apply for judicial review. The lower decision was dated 8 March 2000, although the appellant’s form referred to a High Court decision dated 9 March 2000.

Neither the appellant nor the respondent attended the Court of Appeal hearing. The appellant had been warned by letter that the application would be listed. The central issue was whether the papers disclosed a sufficient basis for granting permission to appeal.

1. Application dismissed. Lord Justice Schiemann considered the matter as an application for permission to appeal against Jackson J’s refusal of permission to apply for judicial review.
2. The procedural history was unclear because the application form referred to permission to seek judicial review of a High Court decision dated 9 March 2000, whereas Jackson J’s recorded decision refusing permission was dated 8 March 2000.
3. Neither party attended. The appellant had been notified of the hearing, but his absence did not prevent the court from determining the application on the papers.
4. Having reviewed the papers, the court found nothing to suggest that permission should be granted. The application therefore disclosed no sufficient merit to justify permission to appeal.
5. The application was dismissed. There was no order for costs.

• Court of Appeal (Civil Division): Permission to appeal was refused and the application was dismissed on 27 April 2001.
• Administrative Court: Jackson J refused Mr Singh permission to apply for judicial review on 8 March 2000.