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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Barnes v Abbey National Plc [2002] EWCA Civ 1741 (6 November 2002)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/1741.html
Cite as: [2002] EWCA Civ 1741

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Neutral Citation Number: [2002] EWCA Civ 1741
B2/2002/2226

IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT
CHANCERY DIVISION
(MR JUSTICE FERRIS)

Royal Courts of Justice
Strand
London, WC2
Wednesday, 6 November 2002

B e f o r e :

LORD JUSTICE JONATHAN PARKER
____________________

PETER MICHAEL BARNES Applicant
-v-
ABBEY NATIONAL PLC Defendant

____________________

(Computer-Aided Transcript of the Stenograph Notes of
Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)

____________________

The Applicant did not attend and was not represented
The Defendant did not attend and was not represented
____________________

HTML VERSION OF JUDGMENT
____________________

Crown Copyright ©

    Wednesday 6 November 2002

  1. LORD JUSTICE JONATHAN PARKER: This is an application by Mr Peter Michael Barnes for permission to appeal against an order made by Ferris J on 28 October 2002 dismissing his application for an adjournment of the hearing of his appeal in possession proceedings. That appeal is, as I understand it, in the floating list, and Mr Barnes applied for the hearing to be vacated. Ferris J refused to do that and he also refused permission to appeal. I refused permission to appeal on the papers.

  2. The application was then renewed on 31 October 2002. Mr Barnes did not attend on that occasion. I deemed it appropriate to deal with the application in his absence and I dismissed it. Mr Barnes then applied for the application to be reinstated. I granted that application but directed that if he failed to attend on time at the relisted hearing then the application would be dismissed.

  3. I have this morning been handed a fax from Mr Barnes giving various reasons why he is unable to attend court this morning in order to make his application. It seems that he has various medical appointments. In the circumstances I see no reason why my earlier direction should not take effect. In accordance with that direction this application is dismissed. I would only add that in dismissing it I have once again considered the merits of the matter in so far as they appear from the material before me and I can see no basis for changing my mind in any degree. The proposed appeal would have no prospect of success.

    4. (Application dismissed; no order for costs).

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URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/1741.html