CHARLES ASHLEIGH-NICHOLSON v and: [2002] EWCA Civ 995
IN THE SUPREME COURT OF JUDICATURE
CIVIL DIVISION
ON APPEAL FROM THE HIGH COURT
BIRMINGHAM COUNTY COURT
(Mr Recorder Harbage)
[2002] EWCA Civ 995Case No B2/2001/2680Venue The Royal Courts of Justice, The Strand, London, Tuesday 2 July 2002
Between
CHARLES ASHLEIGH-NICHOLSONClaimant/Applicantand:(1) CHIEF CONSTABLE OF STAFFORDSHIRE POLICE(2) CHIEF CONSTABLE OF WEST MIDLANDS POLICEDefendants/Respondents
Before
Lord Justice DysonMr Justice WallThe Applicant did not appear and was not representedThe Respondent did not appear and was not representedDate 2 July 2002
[1]Tuesday 2 July 2002 LORD JUSTICE DYSON: Mr Ashleigh-Nicholson, who is a litigant in person, has not appeared this morning. It is now ten past ten. A letter was sent to him on 6 June, at the address notified to the court, informing him that his application would be heard today at or after ten o'clock.[2]In these circumstances, it seems to me that his application should be dismissed. When considering the matter on the papers, I refused his application, saying:
"There is no real prospect of overturning the central findings of fact which led the Recorder (who applied the correct legal principles) to dismiss the claim."
[3]In preparing for this application this morning, I have reviewed the papers, and I remain of the view that I expressed on the papers.[4]Accordingly, I would dismiss this application, first because the applicant has not appeared, but secondly because I remain of the view that I expressed on the papers.[5]MR JUSTICE WALL: I agree. I have also had the opportunity to read all the papers in the case and, like my Lord, I see no real prospect of Mr Ashleigh-Nicholson overturning the Recorder's central findings of fact. I agree therefore with the course my Lord proposes.