Turnbull v Chitole

Where an applicant seeks an oral renewal of a paper refusal of permission to appeal, the Court of Appeal may dismiss the application if, despite urgent notice of the hearing, the applicant does not attend. The court may defer sealing the dismissal order for a short period so that the applicant can explain the absence and, if appropriate, pursue the application in writing.

Mr Chitole sought to complain about Mr Justice Lloyd’s decision of 3 October 2002 refusing a stay of an earlier order. He also sought to renew an application for permission to appeal which Lord Justice Buxton had refused on paper the previous afternoon. An urgent oral hearing was arranged and Mr Chitole was informed of it, but he did not attend. The central issue was whether the renewal application should proceed in his absence.

The Court of Appeal considered Mr Chitole’s complaint concerning the refusal of a stay and his renewed application for permission to appeal. The urgent hearing had been arranged after he requested reconsideration of the paper refusal. He had been informed that the court would sit at 3 pm, but did not attend, despite apparently being in the building or having been there earlier.

1. The application to renew the application for an oral hearing was dismissed.
2. The dismissal order was not to pass the seal for seven days. The court was to inform Mr Chitole of the order and the stay, and explain that, if he wished to pursue the application, he had to apply in writing explaining his absence.

1. Court of Appeal (Civil Division): Lord Justice Buxton dismissed the application to renew the oral hearing application in [2002] EWCA Civ 1577.
2. High Court: On 3 October 2002, Mr Justice Lloyd refused a stay of an earlier order. The judgment gives no citation for that decision.