Abouchitaa v El-Yamlahi

Where a judgment in a full civil appeal was not officially recorded or made in writing, the advocates should prepare an agreed note and submit it to the judge below for approval. If agreement is impossible, both versions should be submitted with an explanatory letter. The appellant’s advocate should begin this process promptly and should not wait passively for the judge’s notes. The position is different for an application for permission to appeal, where approval by the respondent or lower court judge is unnecessary. Appeals involving committal and personal liberty require urgent progress.

The Court of Appeal considered an appeal from Wandsworth County Court. Mr Recorder Barker had made a one-month committal order against Rachid El-Yamlahi, suspended for one year, for an alleged breach of an earlier order prohibiting violence or threats of violence. The appeal papers did not contain an official transcript or an approved note of the lower court’s judgment. The central issue was what steps should be taken to progress the appeal in those circumstances.

Directions given; appeal relisted. The Court of Appeal did not determine the merits of the committal appeal.

1. Because committal proceedings engage the liberty of the subject and carry an automatic right of appeal, the appeal required urgent attention.
2. The applicable procedure was found in paragraph 5.12(2) of the CPR Part 52 Practice Directions. Where the judgment was not officially recorded or written, the advocates should prepare a note of the judgment, seek agreement, and submit it for approval to the judge whose decision was being appealed. If agreement could not be reached, both versions, together with an explanatory letter, should be provided.
3. The court distinguished a permission application from a full appeal. For permission, the note did not need approval by the respondent or the lower court judge. This was a full appeal, so the appellant’s counsel was expected to submit the best note available, seek the other side’s approval, and then submit it to the Recorder.
4. The solicitors had allowed substantial time to pass while waiting for the County Court’s notes and had not shown that the prescribed process had begun. They were directed, within 14 days, either to provide an approved note or to provide a detailed chronology of the steps taken by them and counsel. The matter was to be relisted in the dismissal list on 6 June if the note was not provided or the chronology was inadequate. The listing was to remain unless expressly vacated.

1. Court of Appeal (Civil Division): Gave procedural directions concerning the missing transcript and approved note, without determining the merits of the appeal.
2. Wandsworth County Court: On 27 March 2001, Mr Recorder Barker made a one-month committal order against Rachid El-Yamlahi, suspended for one year.