Eagle Star Insurance Co Ltd v Green & Anor

On an application for permission to appeal, the asserted need for full hearing transcripts does not by itself require an adjournment where the applicant has received the judgments at public expense, attended the hearings and provided full written submissions. The court may assess whether reasons have been given showing why the additional transcripts are necessary. It may nevertheless adjourn and relist the application to give an absent applicant a further opportunity to attend, while reserving the possibility of determining the application in that applicant’s absence if he does not attend.

Mr Green applied for permission to appeal and sought an adjournment. He said that he had received the judgments from two earlier hearings but not the full hearing transcripts, and therefore could not put forward his best case or receive a fair hearing. He also referred to his disability, the nature of his case and the difficulties of travelling from Carmarthen. The judgment heading identifies an appeal from Cardiff County Court, while the reasons refer to decisions of His Honour Judge Richards at Swansea County Court on 12 and 16 October 2001. The central issue was whether the application should be adjourned before being considered.

Application adjourned. Lady Justice Arden did not determine the permission application on its merits.

1. Mr Green had asked for the full transcripts of the earlier hearings. The court had provided the transcripts of the judgments at public expense, in accordance with its practice, but had not provided transcripts of the full hearings.
2. The court considered that Mr Green had given no grounds explaining why the full hearing transcripts were required. He had attended both earlier hearings and had submitted full written submissions, which the court had read.
3. Those circumstances did not justify proceeding immediately to determine the application without giving Mr Green a further opportunity to attend. The court officer was directed to contact him by telephone and letter and inform him that the application would be taken again later that week.
4. The application was retained by Lady Justice Arden. If Mr Green failed to attend the relisted hearing, the court indicated that it was likely, subject to any further submissions, to deal with the application in his absence.

• Court of Appeal (Civil Division): On 29 January 2002, Mr Green’s application for permission to appeal was adjourned and relisted.
• County court: The appeal was stated to be from Cardiff County Court. The reasons identify the decisions under appeal as judgments given by His Honour Judge Richards at Swansea County Court on 12 and 16 October 2001.