London Borough Of Hounslow v Martin-Samos

Where an applicant for permission to appeal fails to attend a listed hearing despite notice, the Court of Appeal may adjourn the application, direct renewed notice of a further hearing and warn that it may proceed in the applicant’s absence if the applicant again fails to attend. The applicant should either attend the relisted hearing or notify the listing office in advance if attendance is impossible.

Mr Martin-Samos applied for permission to appeal from a decision of Staines County Court before His Honour Judge Parry. The application was listed before the Court of Appeal (Civil Division), but neither party appeared or was represented. The court waited for 15 minutes after the applicant’s non-attendance.

The immediate issue was whether the permission application should proceed in the applicant’s absence or be adjourned to permit a further hearing on notice.

Lady Justice Arden ordered that the application be adjourned.

1. Mr Martin-Samos had been notified of the listed hearing, but had not appeared. The court therefore stood the matter out for a date to be fixed within the following 14 days.
2. The applicant was to receive notice of the further hearing. He was directed to make every endeavour to attend. If attendance was impossible, he was required to communicate with the listing office in advance.
3. The court warned that, if the applicant failed to attend at the appointed time on the further occasion, it might proceed with his application in his absence.
4. The transcript of the judgment was ordered to be sent to the applicant at public expense.

• Court of Appeal (Civil Division): Mr Martin-Samos sought permission to appeal from Staines County Court, before His Honour Judge Parry. The Court of Appeal adjourned the permission application and directed that the applicant receive notice of a further hearing.