RONALD FREDERICK HANCOCK v Commissioners of Customs and Excise
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE KAY |
| Judgment Date | 09 July 2003 |
| Neutral Citation | [2003] EWCA Civ 1199,[2003] EWCA Civ 1125 |
| Date | 09 July 2003 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | C1/2003/2060,C1/2002/2060 |
[2003] EWCA Civ 1125
IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
(MR JUSTICE BURTON)
Royal Courts of Justice
Strand
London, WC2
Lord Justice Kay
C1/2002/2060
The Applicant appeared on his own behalf.
The Respondent did not appear and was not represented.
This is an application for permission to appeal against a decision of Burton J whereby he struck out an application made by the applicant for a certificate of inadequacy in relation to an order made in the Crown Court.
The situation today is that the applicant has not attended. That is not wholly unexpected because he has furnished the court with documentation suggesting that he is not fit to travel to court. In normal circumstances one would simply adjourn the matter, and that would be the end so far as today was concerned. However, I am concerned about this matter. This is a matter where, if the applicant fails to pay the sums that he has been ordered to pay, he faces a term of imprisonment. There is to my mind substantial reason to think that he is avoiding this matter being heard in the hope that he can postpone either the payment or the alternative penalty that he faces.
I have read the case on the papers. It seems to me that the application is without merit. Of course I have not heard from the applicant. I am also conscious of the fact that material he supplied recently in relation to the matter, giving an explanation for what he says was the reason for the shortfall of his funds so as to be able to meet the orders totally conflicts with evidence that he put before the court when it made the order. It seems to me that there is at least a possibility that there is something improper going on in relation to this application.
For those reasons, whilst at first I was tempted to dealt with the matter today in his absence, since there is now a medical certificate saying that he is unfit to attend court, I will adjourn this matter for the case to come back into the list on a day to be fixed by the listing officer not less than seven days from now, but not more than 14 days from now, before me. The applicant should be told that on that occasion, whether or not he is fit to attend the hearing, the matter will proceed, if necessary in his absence. It would be open to him if he wished, and if he was unfit to attend, to instruct lawyers to attend on his behalf or, alternatively, if he wishes to make any further written submission, he can do so and on that occasion the court would consider that further written submission along with the material that has already been supplied. But the matter will proceed at that date whether or not he is fit to attend court.
ORDER: Application adjourned to be listed not less than seven and not more than 14 days from this day, before Kay LJ.
[2003] EWCA Civ 1199
IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE QUEEN'S BENCH DIVISION
(ADMINISTRATIVE COURT)
(Mr Justice Burton)
Lord Justice Kay
C1/2003/2060
The Applicant appeared in person
The Respondent did not appear and was unrepresented
Wednesday, 9th July 2003
This is an application for permission to appeal against an order of the High Court striking out the appellant's claim for a certificate of inadequacy. The applicant was convicted of tax offences on 19th September 2000. He was subsequently...
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