Royal and Sun Alliance Plc v Patel

[2005] EWCA Civ 1795

Summary

A renewed oral application for permission to appeal may be dismissed where the applicant fails to attend the hearing. The court may determine the application in the applicant’s absence and make an appropriate order as to costs.

Factual background

The defendant renewed an application for permission to appeal after permission had been refused on the papers. The application arose from a judgment of His Honour Judge Cockroft in Halifax County Court dated 31 March 2005. The renewed application was listed for oral hearing, but the applicant was absent when the matter was called.

Held

  1. The renewed application for permission to appeal was listed for hearing at 10.30 am. At 11.30 am, the applicant remained absent and was not represented.
  2. Lord Justice Gage held that, in those circumstances, the application should be dismissed. The court therefore dismissed the renewed application for permission to appeal.
  3. There was no order for costs.

The court’s approach to earlier authorities

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Appellate history

  • Court of Appeal (Civil Division): On 2 November 2005, the renewed application for permission to appeal was dismissed because the applicant did not attend; there was no order for costs. [2005] EWCA Civ 1795
  • Halifax County Court: Judgment given by His Honour Judge Cockroft on 31 March 2005.

Appeal route

  1. Appealed fromNot stated in the judgmentThis appealapplication dismissed
  2. This judgment [2005] EWCA Civ 1795 Court of Appeal (Civil Division)

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