Bhamjee v Secretary Of State For Environment, Transport & Regions & Anor

[2002] EWCA Civ 914

Summary

Where an applicant is absent because of a misunderstanding about the hearing date, the court should not determine the application in the applicant’s absence. The appropriate course is to adjourn the proceedings for relisting on the expected date or another convenient occasion.

Factual background

This was an appeal from the High Court, Queen’s Bench Division, Administrative Court List, before Mr Justice Sullivan. Neither the applicant nor the respondents appeared. The applicant communicated that, owing to a misunderstanding, he believed the application was listed for 29 June. The central issue was whether the Court of Appeal could deal with the matter on 21 June.

Held

Lord Justice Dyson adjourned the proceedings.

  1. Mr Bhamjee did not appear, but had communicated that he believed the application was fixed for 29 June because of a misunderstanding.
  2. In those circumstances, the court could not deal with the matter on 21 June.
  3. The proceedings were adjourned for relisting on 29 June or on another convenient occasion.

The court’s approach to earlier authorities

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Appellate history

  • Court of Appeal (Civil Division): On 21 June 2002, the proceedings were adjourned for relisting on 29 June or another convenient occasion.
  • High Court, Queen’s Bench Division, Administrative Court List: The appeal was stated to be from proceedings before Mr Justice Sullivan. The judgment appealed citation was not stated in the judgment.

Appeal route

  1. Appealed fromNot stated in the judgmentThis appealproceedings adjourned
  2. This judgment [2002] EWCA Civ 914 Court of Appeal (Civil Division)

Key cases cited

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Cases citing this case

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