Smith & Anr v Hughes & Anr

An application for permission to appeal may be dismissed for want of prosecution where it is substantially out of time, the applicant provides no adequate explanation for the delay, and then fails to attend without explanation. In those circumstances, the court is entitled to refuse any further indulgence and dismiss the application.

The applicant sought permission to appeal from a judgment of His Honour Judge Holt in the Ipswich County Court dated 11 November 1999. The application was not made until 22 June 2001 and was therefore substantially out of time. The applicant did not attend the Court of Appeal to move the application, and no explanation was provided for either the delay or the non-attendance. The central issue was whether the application should proceed despite those procedural defaults.

The application was dismissed for want of prosecution.

1. The judgment below was dated 11 November 1999, whereas the application for permission to appeal was not made until 22 June 2001. The application was therefore substantially out of time.
2. No adequate explanation had been given for the delay.
3. The applicant did not attend to move the application, and no explanation had been given for that failure.
4. In those circumstances, there was no reason to indulge the applicant further. The appropriate order was dismissal of the application for want of prosecution.

Order: Application dismissed.

1. Court of Appeal (Civil Division): application for permission to appeal dismissed for want of prosecution.
2. Ipswich County Court: judgment of His Honour Judge Holt dated 11 November 1999; no citation for that judgment was stated.