Ebden v Richardson

LORD JUSTICE MOSES LADY JUSTICE HALLETT and SIR WILLIAM ALDOUS ____________________

(DAR Transcript of WordWave International Limited A Merrill Communications Company 190 Fleet Street, London EC4A 2AG Tel No: 020 7404 1400 Fax No: 020 7831 8838 Official Shorthand Writers to the Court)

Mr A Jackson (instructed by Messrs Tait Farrier Graham) appeared on behalf of the Appellant. Mr J Donovan (instructed by Messrs Irwin Mitchell) appeared on behalf of the Respondent. ____________________

No documents were forthcoming; indeed there was no reply whatever, and by the time the Christmas period had passed the solicitors acting for the defendant had come off the record, on 21�January�2008, because there were insufficient funds.

In fact, as I have already pointed out, the authority had never been sent. The judge was seriously misled in being told that the authority had been sent but the records had not emerged. Moreover, he was further seriously misled by being told that the solicitors acting for the defendant had only made one request for the DVLA records before they came off the record. That was not correct because, as I have pointed out, a second written request was made and had never been answered.