Saxena v Rushforth & Anor

An application for permission to appeal, together with an application for an extension of time, may be refused where the applicant, having received notice of the hearing, fails to attend and does not pursue the application. The court may first seek clarification of the reasons for the decision under challenge, but the applicant must still attend the resumed hearing.

Dr Ram Pratap Saxena applied for permission to appeal against a judgment of Jacob J dated 18 January 2002 and also sought an extension of time. He complained that the judgment gave no reasons. The Court of Appeal adjourned the application so that Jacob J could provide an explanation, which he did in a judgment dated 7 August 2002.

The application was relisted. Despite receiving the standard listing letter, and despite his name being called outside court, the applicant did not attend to pursue it.

1. Permission and extension of time. The application had been relisted after the Court of Appeal arranged for Jacob J to give reasons for the decision under challenge. Jacob J subsequently provided an explanation.
2. Failure to attend. The applicant received notice of the hearing. The case was listed for not before 2 o’clock, his name was called outside court, and by a quarter to 3 he had not attended.
3. Disposition. In those circumstances, the applicant had not attended to pursue his application. Lord Justice Pill refused both permission to appeal and the extension of time. The formal order was: application refused.

• Court of Appeal (Civil Division): Lord Justice Pill refused the applications for permission to appeal and an extension of time.
• High Court: Jacob J gave judgment on 18 January 2002 and later provided an explanation in a judgment dated 7 August 2002.