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	England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Knight v Sage Group Plc [2002] EWCA Civ 811 (7 May 2002) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/811.html Cite as: [2002] EWCA Civ 811

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IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
APPLICATIONS FOR PERMISSION TO APPEAL

		Royal Courts of Justice Strand London WC2 Tuesday, 7th May 2002

1. LORD JUSTICE CHADWICK: This is an application for permission to appeal against an order made by Mr Justice McCombe on 4th December 2001 in proceedings brought by Miss Miriam Knight against her former employers, Sage Group plc. By his order of 4th December, Mr Justice McCombe refused to set aside an earlier order made on 2nd May 2001 by His Honour Judge Taylor, sitting as a Deputy Judge of the High Court in Newcastle. That order struck out the proceedings on the grounds of abuse and made a restraining order in the Grepe v Loam form against Miss Knight.
2. His Honour Judge Taylor's order was made in the absence of Miss Knight; she having provided a letter to the court of 1st May 2001 indicating that she was unable to attend through ill health. Accordingly, the application before Mr Justice McCombe was made under CPR 29.3 to set aside an order made in the absence of a party.
3. Miss Knight does not appear today to pursue her application for permission to appeal. Inquiries of the Civil Appeals Office disclose no communication from her which suggests either that she was intending to be here but has been delayed, or that she was not intending to be here and the reason for that. This then is an application in which the applicant is simply not present without having offered any reason.
4. In those circumstances I propose to dismiss the application. I am satisfied, on reading the papers, that it is an application which would have no prospect of success.
5. His Honour Judge Taylor, when striking out the claim in May 2001, gave a detailed judgment explaining why he took the view that this claim was an attempt to re-litigate old matters which had already been the subject of earlier decisions, including decisions in this court. Mr Justice McCombe was satisfied that there was no real prospect that the proceedings would have any chance of success and, accordingly, in the exercise of his discretion, did not think it right to reinstate them. Judge Taylor explained why having regard to the history of litigation by Miss Knight he thought it right to make a Grepe v Loam order against her. Mr Justice McCombe took the view that there was no reason to think that, if Judge Taylor's order were set aside, a court would come to a different conclusion as to the need to make such an order.
6. In those circumstances there is no real prospect that this court would think it right to interfere with the discretion exercised by Mr Justice McCombe. Accordingly, the application must be dismissed.
Order: Application dismissed