Siddiqui, R (on the application of) v Secretary of State for Communities & Local Government & Anor, Court of Appeal - Administrative Court, July 24, 2006, [2006] EWHC 2076 (Admin)

Reporting Judge: [2006] EWHC 2076 (Admin)

President: Siddiqui, R (on the application of) v Secretary of State for Communities & Local Government & Anor

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Siddiqui, R (on the application of) v Secretary of State for Communities & Local Government & Anor, Court of Appeal - Administrative Court, July 24, 2006, [2006] EWHC 2076 (Admin)

SMITH BERNAL WORDWAVE

CO/1450/2005

Neutral Citation Number: [2006] EWHC 2076 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2

Monday, 24 July 2006

B E F O R E:

MR JUSTICE BURTON

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THE QUEEN ON THE APPLICATION OF KAMAL AHMED SIDDIQUI

(CLAIMANT)

-v-

(1) THE SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT

(2) LONDON BOROUGH OF HAVERING

(DEFENDANTS)

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Computer-Aided Transcript of the Stenograph Notes of

Smith Bernal Wordwave Limited

190 Fleet Street London EC4A 2AG

Tel No: 020 7404 1400 Fax No: 020 7831 8838

(Official Shorthand Writers to the Court)

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THE CLAIMANT DID NOT ATTEND AND WAS NOT REPRESENTED

MR JONATHAN MOFFETT (instructed by Treasury Solicitor) appeared on behalf of the DEFENDANT (1)

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J U D G M E N T 1. MR JUSTICE BURTON: This has been the day listed for hearing of the planning appeal by Mr Kamal Ahmed Siddiqui ("the claimant") in respect of the refusal by an inspector, appointed by what was then the First Secretary of State, Mrs O'Rourke, in December 2004 of a planning application made with regard to Mr Siddiqui's property at 1 Westmoreland Avenue, Hornchurch, Essex.

2. The claim form was filed on 11 January 2005, well in time. But there has been a series of continued applications for adjournments made by the claimant. He made an application on 8 July 2005 to adjourn the hearing, which was then listed for 20 July, on grounds of illness. He was said to be unfit due to stress and depression for three weeks. That application was consented to and the case was listed again for 1 November 2005. On 21 October 2005, he applied to adjourn that hearing on grounds of injury, apparently arising from his accidentally falling down the stairs. No medical certificate was provided in this regard. Never...

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