Benson v Richards

The appeal was dismissed. The application to commit the defendant was remitted to a High Court Judge of the Chancery Division sitting in Birmingham. The court also refused an adjournment application and directed that appeal costs be addressed to the Legal Services Commission, subject to the appropriate procedural form. The supplied transcript contains no written reasoning identifying a general legal test or ratio.

Benson v Richards concerned an appeal by the defendant, Samantha Richards, who appeared in person with her mother as litigation friend. The claimant was represented by counsel. The matter came before the Court of Appeal on appeal from the High Court, Telford County Court, before His Honour Judge Alton. The hearing also concerned an application to commit the defendant. The central grounds of the appeal are not stated in the supplied transcript. The court announced procedural rulings on the committal application, an adjournment request and costs.

1. Committal application. The application to commit Samantha Richards was remitted to a High Court Judge of the Chancery Division sitting in Birmingham, to be heard as soon as reasonably possible, subject to any contrary order concerning the date or place of hearing.
2. Adjournment. The appellant’s application for an adjournment was refused, and the court proceeded with the appeal. The transcript gives no reasons or general test explaining that decision.
3. Appeal. The court announced that the appeal was dismissed. It stated that written judgments would follow because of the importance of the matter for the conduct of future proceedings, but no such written reasoning is included in the supplied text.
4. Costs and legal aid. The court directed that the committal application should be heard on or as soon as possible after 21 October 2002, subject to further directions by the Chancery Judge. It made a costs order against the Legal Services Commission in the appropriate form, with a nil contribution. The court stated that the order was not presently against the defendant unless and until her legal aid certificate was discharged.

1. Court of Appeal (Civil Division). The court dismissed the appeal, refused the adjournment application, remitted the committal application to a Chancery Division judge sitting in Birmingham, and made the stated costs direction.
2. High Court, Telford County Court. The heading identifies the appeal as arising from proceedings before His Honour Judge Alton. No citation or date for the decision under appeal is supplied.