Aydin v Aydin

Where an application for permission to appeal cannot yet be determined because relevant information is incomplete, the court may adjourn it and require further documented evidence. The applicant should have a fair opportunity to respond, including by affidavit. If the court is satisfied by the further material, it may determine the applications on paper.

This was an application for permission to appeal from orders made in Newcastle upon Tyne County Court. District Judge Bullock made an order on 2 March 1998, which His Honour Judge Taylor confirmed on 14 January 1999. The issues concerned implementation of those orders and the contents and possession of 43 Redshank Close. The immediate question was whether the Court of Appeal had sufficient information to determine the applications and assess the prospects of an appeal.

Application for permission to appeal adjourned.

1. Lady Justice Hale considered that the court could not dispose of the matter immediately. The available information did not enable her to assess whether an appeal had any prospect of success.
2. The wife's solicitors undertook to provide a full account, supported by appropriate documentation, of the steps taken to implement the order made by District Judge Bullock on 2 March 1998 and confirmed by His Honour Judge Taylor on 14 January 1999.
3. They also undertook to provide an account of the contents of, and possession of, 43 Redshank Close between the husband's imprisonment in April 1997 and possession being taken by the mortgagee in about November 1997.
4. The applicant was given permission to serve an affidavit in response. If satisfied by the further information, the court could determine the applications on paper. The formal order was that the application for permission to appeal be adjourned.

• Court of Appeal (Civil Division): The application for permission to appeal was adjourned pending further information and any affidavit response.
• Newcastle upon Tyne County Court: District Judge Bullock made an order on 2 March 1998, confirmed by His Honour Judge Taylor on 14 January 1999.