Counsel’s unavailability

Bracknell Forest Borough Council v N and others CA TLR 6 November

The papers for permission to appeal were issued on 1 August 2006 and although marked to be dealt with expeditiously, did not reach the judges until 6 October 2006 with a stamp on the court documents of 12 October 2006. The court had sent out one letter asking counsels’ clerks to arrange listing and another giving the hearing date of 25 October 2006. Leading counsel who was advising in the matter was tied up in a trial in the Family Division on that date but, because of the delays, the court refused to adjourn the application for permission to appeal, even though if it were granted the appeal was to follow immediately. There is a recognised principle in the Court of Appeal that permission applications will not be adjourned for the convenience of counsel.