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IN THE HIGH COURT OF JUSTICE QUEENS BENCH DIVISION
Case No: PTA 439, 326
Royal Courts of Justice Strand, London, WC2A 2LL
Date: 19.01.2004
[2004] EWHC 25 (Q.B.)
Before:
THE HONOURABLE MR JUSTICE HOOPER
Between :
Adoko v Pal Adoko v Pal and Todd
and
- Adoko v Pal and Todd. Permission to Appeal.
Dr Adoko and Dr Pal in person, Mr Todd did not
attend and was not represented
Hearing dates: 1 October 2003
JUDGMENT
I direct that pursuant to CPR PD 39A para 6.1 no official
shorthand note shall be taken of this judgment and that copies of
this version as handed down may be treated as authentic.
Hooper J 19.l.04
Mr Justice Hooper :
Introduction
On the morning of 1 October 2003 there were three matters
concerning Dr Adoko and Dr Pal listed before me. They were appeals
brought by Dr Adoko in Adoko v Pal (HQO1X05190, hereinafter "190")
and Adoko v Todd and Pal (HQO1X05291hereinafter "291")
both given the appeal number PTA 439. The appeals relate to orders
made by Master Eyre on 23 May 2002, striking out Dr Adoko's claims
in the two cases. The third matter was an application for permission
by Dr Adoko to appeal an order dated 9April 2002 in 291 also made by
Master Eyre. This application has been given the appeal number PTA
326.
Dr Adoko and Dr Pal appeared. Mr Todd did not appear. As I
understand it, documents sent to Mr Todd by the Court have, for some
time now, been returned. In a letter dated 24 April 2002, he wrote
that his "normal residence is non-UK". In a letter dated
27 October 2002 he wrote that he would not be attending a hearing on
31 October because he was returning to his home overseas.
On 23 March 2002 Master Eyre struck out the two claims being made
by Dr Adoko. Subsequently permission to appeal was granted by Mr
Justice Henriques. The matter came before me on 31 October 2002.
Only Dr Adoko appeared. I allowed both appeals. The reasons for so
doing will be found in a transcript of the judgment given in both
appeals on that day. Set out also in the judgment is a brief history
of the events leading up to the 23 May hearing before Master Eyre,
in which he made the impugned orders (see judgment page 3). At that
hearing no-one attended. On 7 May Master Eyre notified the
defendants (in all 5 cases) that they need not attend and before the
hearing Dr Adoko had stated that he did not intend to be present
until the appeals were heard against the earlier orders which Master
Eyre had made and which were the foundation for the strike out
orders which he made on 23 May.
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