Lysongo v Railtrack Plc

An application for permission to appeal may be dismissed where the applicant, after being notified of an adjourned hearing, fails to attend or communicate with the court. The applicant may seek re-listing within the appropriate time by showing good reasons. Where the respondent’s attendance was required by an earlier court order, the court may award the respondent’s attendance costs, subject to detailed assessment if they are not agreed.

The applicant sought permission to appeal from a decision of His Honour Judge Knight dated 14 May 2001. Lady Justice Hale first considered the application on 31 July 2001 and adjourned it for hearing on notice to the respondent. The applicant was notified of the further hearing but did not attend, communicate with the court, or respond to attempts to contact him. The central issue was whether the adjourned permission application should proceed in his absence.

Application dismissed unanimously. Lord Justice Latham gave the judgment, and Lady Justice Arden agreed.

1. The application had been adjourned so that the respondent could be heard on notice. The applicant had been informed of the hearing by letter and notice sent to his last known address. The court also attempted to contact him by telephone, but the number supplied was disconnected or otherwise unavailable.
2. In those circumstances, the proper course was to dismiss the application. The dismissal did not prevent the applicant from asking for the matter to be re-listed if he applied within the appropriate time and could persuade the court that there were good reasons for doing so.
3. The respondent’s attendance had effectively been required by Lady Justice Hale’s order. The respondent was therefore awarded the costs of attendance, subject to detailed assessment if not agreed.

The order was: application dismissed, with costs subject to detailed assessment if not agreed. A transcript was to be supplied to the applicant.

• Court of Appeal (Civil Division): The adjourned application for permission to appeal was dismissed on 21 January 2002, with costs subject to detailed assessment if not agreed. The judgment is reported at [2002] EWCA Civ 24.
• Earlier hearing: Lady Justice Hale heard the application on 31 July 2001 and adjourned it for hearing on notice to the respondent.
• Lower court: The application concerned an intended appeal from a decision of His Honour Judge Knight dated 14 May 2001.