West Law Report

Other counsel can step in

Posted in Times Law Report by mrkooenglish on August 1, 2008

From The TimesJuly 29, 2008

Other counsel can step in
Newport City Council v Charles in the Court of Appeal
Court of Appeal

Published July 29, 2008

Newport City Council v Charles

A fixture need not be vacated when the Civil Appeals Listing Office had failed to ascertain that leading counsel was prebooked for an appeal due to be heard in Cardiff.

The Court of Appeal (Lord Justice Laws and Lord Justice Richards) so stated on July 4, 2008, when refusing an application by Mr Stuart Charles, who was publicly funded, to vacate a fixture for the hearing of his appeal from a decision of Judge Jarman, QC, sitting in Cardiff County Court on February 22, 2008, giving judgment for the claimant, Newport City Council.

Mr Charles contended that he was prejudiced by the listing since counsel’s dates had not been ascertained and he would now have to instruct fresh leading counsel to appear at short notice in Cardiff.

LORD JUSTICE LAWS said that the Court of Appeal sat in various locations outside London for more than one reason; the convenience of the parties was not a factor which necessarily overrode the other public interests served.

Nor would this half-day case be one for which other leading counsel would be unable to prepare adequately.

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