Bhamjee v Norwich Union General Insurance

An application for permission to appeal may be struck out for want of prosecution where the applicant fails to attend, provides no explanation, and does not pursue the application. The court may also observe that no arguable basis for permission is apparent, although such an observation is not necessary to the procedural disposal.

This was an application by Bhamjee for permission to appeal from a judgment of Mr Justice Turner in the Administrative Court. The applicant was unrepresented, filed no skeleton argument, and failed to attend the listed hearing. The matter was adjourned until later that day, but he still did not appear and gave no explanation. The central issue was whether the application should proceed in those circumstances.

Lord Justice Buxton, sitting alone, struck out the application for permission to appeal for want of prosecution.

1. The applicant had not filed a skeleton argument, had not indicated that he was unable to attend, and failed to appear when the application was listed. The matter was adjourned until later that day, but he still did not attend and offered no explanation. In those circumstances, the application was not being prosecuted and was struck out.
2. By way of footnote, the judge stated that the Administrative Court judgment had been delivered in very short order and that no argument capable of supporting permission to appeal was apparent, even if the applicant had attended. That observation was not necessary to the procedural disposal.

Order: application struck out for want of prosecution.

• Court of Appeal (Civil Division) — In [2002] EWCA Civ 738, Lord Justice Buxton struck out the application for permission to appeal for want of prosecution.
• Administrative Court — Mr Justice Turner dismissed the underlying case. No citation for that judgment was stated.