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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Abouchitaa v El-Yamlahi [2001] EWCA Civ 811 (16 May 2001) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/811.html Cite as: [2001] EWCA Civ 811 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM WANDSWORTH COUNTY COURT
(Mr Recorder Barker)
Strand London WC2 Wednesday, 16th May 2001 |
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B e f o r e :
____________________
KHADIJA ABOUCHITAA | Applicant | |
- v - | ||
RACHID EL-YAMLAHI |
____________________
of Smith Bernal Reporting Limited
190 Fleet Street, London EC4A 2AG
Telephone No: 0171-421 4040
Fax No: 0171-831 8838
Official Shorthand Writers to the Court)
THE RESPONDENT was not represented and did not attend.
____________________
Crown Copyright ©
"Thank you for your letter of 5th April 2001. Having checked the court file I can find no indication that the hearing was taped. May I suggest that you contact the counsel that represented your client at the hearing on that day."
"We set out below the history of correspondence between ourselves and Wandsworth County Court in respect of the court transcripts.
1. We wrote to Wandsworth County Court on the 5th April inquiring as to whether the proceedings of 27th March 2001 were taped.
2. We wrote again to Wandsworth County Court on the 19th April 2001.
3. We received a letter dated 24th April 2001 from Wandsworth County Court stating there was 'no indication that the hearing was taped.'
4. We wrote again to Wandsworth County Court on 8th May 2001 and have not heard further from them.
We enclose copies of all the above correspondences."
"Thank you for your letter dated 24th April 2001 advising that the above hearing was not recorded.
In that respect, please let us have a copy of Recorder Barker's notes of the hearing as soon as possible."
"We refer to our telephone conversation of this afternoon. The delay in trying to obtain notes of the hearing was due to the fact that when counsel was approached following the court's letter dated 24 April he informed us that he had in fact kept no real notes and that the quickest method would be to write to the court asking for a copy of the Recorder's own notes. It was not until the 8th May that this request was made. This delay can only be explained by the fact that counsel was difficult to contact and it was not possible to take a decision without confirmation of this point from counsel."
"When judgment was not officially recorded or made in writing a note of the judgment (agreed between the appellant's and respondent's advocates) should be submitted for approval to the judge whose decision is being appealed. If the parties cannot agree on a single note of the judgment both versions should be provided to that judge with an explanatory letter. For the purpose of an application for permission to appeal, the note need not be approved by the respondent or the lower court judge."