Gray v Legal Services Ombudsman & Ors

Where a listed application is called on after its earliest hearing time and the applicant is absent without communicating any reason for non-attendance, the Court of Appeal may dismiss it. The judgment gives no further procedural guidance.

The matter was listed in the Court of Appeal as an appeal from the High Court. It was called on at 11.45 am, although it had been listed not to be heard before 10.30 am. The appellant, Gray, was unrepresented and absent and had not communicated any reason for non-attendance. The respondents were also unrepresented and absent. The central issue was whether the application should proceed in those circumstances.

Lord Justice Dyson dismissed the application.

1. The case had been called on after the earliest time at which it was listed to be heard.
2. The appellant had not attended and had not communicated any reason for the absence.
3. In those circumstances, the court dismissed the application.

Order: Application dismissed.

• Court of Appeal (Civil Division): the application was dismissed. The matter was stated to be on appeal from the High Court, but the judgment supplies no citation or further details of the High Court decision.