B2/2001/2101
Neutral Citation Number: [2001] EWCA Civ 2102
IN THE SUPREME COURT OF JUDICATURE      
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM LAMBETH COUNTY COURT
(HIS HONOUR JUDGE COX)
								Royal Courts of Justice
								Strand
								London WC2

							Thursday, 20 December 2001
B e f o r e:

LORD JUSTICE PILL
LORD JUSTICE JONATHAN PARKER

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TRACEY VOAK
Claimant/Applicant

- v -

THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF LAMBETH
Respondent

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(Computer Aided Transcript of the Palantype Notes of
Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 0207 404 1400
Official Shorthand Writers to the Court)
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The Applicant did not appear and was not represented

The Respondent did not appear and was not represented

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J U D G M E N T
1.	LORD JUSTICE PILL: This is an application for permission to appeal. It was listed for hearing on 4 December and adjourned at the request of the applicant's solicitors to today to allow an application for legal aid to be determined. 
2.	The court has received this morning by fax a letter in which the solicitor states public funding has in the event been discharged and they request to come off the record. They add: 
“Unfortunately we have been unable to contact our client and have only been able to leave a message informing her of the legal aid position.” 
3.	We do not know whether the applicant may wish to instruct other solicitors on a different basis or whether she may appear in person. We cannot be satisfied that she has been given an opportunity to decide the position as she has not appeared herself this morning. However, it appears to us that the right course is to adjourn the case to give her an opportunity to make a decision and to appear either in person or by other solicitors. In the absence of legal aid it would not be right to resolve the matter today on the basis of the information we have. 
4.	Accordingly, the application is adjourned to a date to be fixed. It should be listed as soon as possible. 
Order: Application adjourned to a date to be fixed; to be listed as soon as possible.