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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 >> Perotti v City of Westminster  EWCA Civ 581 (17 May 2005)
Cite as:  EWCA Civ 581
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Mr Justice Hughes
Mrs Justice Cox
Strand, London, WC2A 2LL
B e f o r e :
Vice-President of the Court of Appeal (Civil Division)
LORD JUSTICE MANCE
| ANGELO PEROTTI
|- and -
|THE LORD MAYOR AND CITIZENS OF THE CITY OF WESTMINSTER
Mr David Warner (instructed by Director of Legal and Administrative Services, Westminster City Council) made written submissions on behalf of the Respondent
Crown Copyright ©
Lord Justice Brooke:
"The Master violated my rights to a fair and impartial hearing pursuant to Article 6.1 but I am unable to state my grounds for appeal until I have received, at public expense, a transcript of the judgment below of Master Leslie of 22.1.2004 herein (Master Leslie having refused me same). There are many grounds for appeal which I will provide on a witness statement once I have received said transcript of judgment."
"The Court is unable fully to consider the request for permission to appeal until the following directions are complied with, therefore:
IT IS ORDERED THAT
1. Grounds of appeal, including full particulars of the grounds relied upon in support of the alleged violation of your right to a fair and impartial hearing, be provided to the Court by Friday 12th March 2004.
2. The application for a transcript of Master Leslie' judgment to be provided at public expense will be considered only after compliance with paragraph 1 of this Order.
3. All other applications are adjourned until paragraph 1 has been complied with.
4. [left blank]
5. The Request for permission to appeal to be listed on a date in the week beginning [enter date], of which notice will be given to the Appellant, for the Appellant to show cause why it should not be dismissed unless all directions are complied with on or before [enter date]."
Although the judge signed the order, neither she nor the staff at the High Court Appeals Office completed paragraph 5 of this order before it was signed and sealed.
"[T]his is the stage at which what is being considered is whether Mr Perotti discloses any arguable grounds for appeal, and he has not. He has had every opportunity to do it, and the time has come when this application must be refused."
He told Mr Perotti that there was no appeal from a refusal of permission to appeal. In the order that was subsequently drawn up the court recorded the fact that Mr Perotti's application for permission to appeal had been listed for dismissal, and that the judge ordered that "this application be dismissed".
Lord Justice Mance: