Doswell (Erroll Edward) (R) v (1) Nottingham County Court (2) Nottingham Education Authority (3) Chief Constable of Nottingham Police Authority (2004)
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE POTTER |
| Judgment Date | 13 September 2004 |
| Neutral Citation | [2004] EWCA Civ 1241 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | C1/04/0991 |
| Date | 13 September 2004 |
[2004] EWCA Civ 1241
IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT
ADMINISTRATIVE COURT LIST
(MR JUSTICE SULLIVAN
LORD JUSTICE KENNEDY AND MR JUSTICE MACKAY)
Royal Courts of Justice
Strand
London, WC2A 2LL
Lord Justice Potter
C1/04/0991
C1/04/1124
The Applicant appeared in person.
The Respondent did not appear and was not represented.
On these applications I proceed to give judgment in the absence of the applicant, Mr Doswell, who does not appear. Yesterday Mr Doswell made an application on paper, which I refused, for an adjournment of today's hearing, broadly on the grounds that the case was the subject of a complaint to and about the Court Office in relation to earlier questions of listing or other aspects of the administration and in those circumstances it would not be appropriate for the matter to proceed today.
I have not concerned myself with the details of that complaint, save to satisfy myself that it has no bearing whatsoever on the issues which I am called upon to decide in the course of this application. Therefore, having refused an adjournment yesterday, I am dealing with the matter today despite the absence of the applicant. I have been told by the Court Office that he was yesterday informed of my decision as to an adjournment by telephone at his usual address by means of an answering machine which was in operation when he was called. The case has remained in the list, as the applicant, who is a practised litigant, must be well aware might be the decision of the court. Accordingly I see no reason for any adjournment, in particular because it is apparent to me that the application is hopeless and should be prolonged no further.
The applicant seeks permission to appeal against an order of Sullivan J dated 22 April 2004 in which the judge dismissed his renewed application to seek judicial review of a decision of Her Honour Judge Butler QC refusing the applicant permission to appeal against an order granting an injunction against him in proceedings as long ago as 1998. The application in relation to that matter is numbered 2004/0991. In respect of that application an extension of time is also sought as the applicant was a day late in making his application.
The applicant also seeks permission to appeal an order of Kennedy LJ and Mackay J, sitting as a Divisional Court, dated 20 May 2004, in which the Divisional Court dismissed the applicant's renewed application to seek a judicial review of an alleged decision of the respondent not to enforce the law by:
"… allowing his legal representative to make a false statement in breach of the Criminal Justice and Police Act 2001."
That order is the subject of application No 2004/1124. A transcript of the judgment of Mackay J giving the full reasons of the court is before me. It helpfully sets out the facts more fully than is necessary on this application. Both proposed appeals arise out of the same set of facts which may be summarised briefly as follows.
On 30 June 1998 the Nottingham County Court made an order forbidding the applicant from assaulting, causing a nuisance, annoyance, disturbance or harassing the employees of Nottingham City Council. The dispute stemmed from allegations of child abuse which the applicant had made against teachers at his daughter's school, Springfield Primary School. The applicant was arrested on 6 November 1998 by two policemen of the Nottinghamshire Constabulary. That followed an incident outside his daughter's school two days earlier. Although the custody record showed that he had been arrested for three offences of causing actual bodily harm, he claimed that he had been unlawfully arrested on suspicion of three offences of common assault.
He was bailed to appear at the police station on 3 December 1998 and was eventually charged. He claimed that his solicitor had left the building. He was also charged with a further offence of affray. He appeared before the Magistrates' Court and eventually opted for trial at the Crown Court. He was convicted of that offence.
On 5 January 2001 the applicant issued High Court proceedings against the Chief Constable of the Nottingham Police Authority for misfeasance in public office. The Chief Constable alleged that those proceedings had been struck out. The...
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