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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 >> Ashleigh-Nicholson v Staffordshire Police & Anor [2002] EWCA Civ 995 (2 July 2002)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/995.html
Cite as: [2002] EWCA Civ 995

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Neutral Citation Number: [2002] EWCA Civ 995
B2/2001/2680

IN THE SUPREME COURT OF JUDICATURE
CIVIL DIVISION
ON APPEAL FROM THE HIGH COURT
BIRMINGHAM COUNTY COURT
(Mr Recorder Harbage)

The Royal Courts of Justice
The Strand
London
Tuesday 2 July 2002

B e f o r e :

LORD JUSTICE DYSON
MR JUSTICE WALL

____________________

Between:
CHARLES ASHLEIGH-NICHOLSON Claimant/Applicant
and:
(1) CHIEF CONSTABLE OF STAFFORDSHIRE POLICE
(2) CHIEF CONSTABLE OF WEST MIDLANDS POLICE Defendants/Respondents

____________________

The Applicant did not appear and was not represented
The Respondent did not appear and was not represented

____________________

HTML VERSION OF JUDGMENT
____________________

Crown Copyright ©

    Tuesday 2 July 2002

  1. 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:
  3. "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."
  4. In preparing for this application this morning, I have reviewed the papers, and I remain of the view that I expressed on the papers.
  5. 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.
  6. 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.
  7. ORDER: Application refused


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URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/995.html