Reichmann & Anor v Gauntlett & Anor

Where an appeal raises an important point of principle in an unqualified and general form, the court may require fuller argument before determining it. This is particularly appropriate where the opposing party is absent and the issue may admit of qualified answers or depend on facts not yet heard. The court may adjourn the appeal and seek the assistance of an advocate to the court, with the matter to be re-listed for further argument.

The defendants appealed to the Court of Appeal from a preliminary ruling in the Guildford County Court before His Honour Judge Reid QC. The respondents, who were the landlords, did not attend or appear by representation. The appeal concerned a general question which, depending on the answer, would require the preliminary point to be followed by a factual hearing.

The central issue was whether the court should determine the question in the absolute and unqualified form in which it had been presented, or obtain further assistance before doing so.

1. Appeal adjourned. The court considered that the question presented was important and had been framed as one of a general and unqualified nature. The two lines of authority referred to at the hearing might support either a general answer or a qualified answer.
2. The issue was before the court as a preliminary point. Its determination would affect whether the matter needed to proceed to a hearing on the facts before the judge below. The court therefore considered that it should be argued fully before an answer to the point of principle was given.
3. The respondents were absent and unrepresented. The court considered that fuller assistance might identify points not developed below and assist its consideration of the principle involved.
4. The appeal was accordingly adjourned. An advocate to the court was to be appointed through the Attorney General, and the matter was to be re-listed for further argument. The landlords were to be notified and could be represented at the adjourned hearing.

• Court of Appeal (Civil Division): Appeal from a preliminary point decided in the Guildford County Court before His Honour Judge Reid QC. The Court of Appeal adjourned the appeal and directed that an advocate to the court be appointed for further argument.