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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 >> Badibanga v Otley College [2002] EWCA Civ 737 (27 March 2002) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/737.html Cite as: [2002] EWCA Civ 737

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IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
TO SHOW CAUSE WHY APPLICATION SHOULD NOT BE DISMISSED

		Royal Courts of Justice Strand London WC2 Wednesday, 27th March 2002

1. DEPUTY MASTER di MAMBRO: This is an application for permission to appeal, and for an extension of time within which to appeal, the order made by the Employment Appeal Tribunal on 22nd November 2001. On that day the tribunal, under the chairmanship of Mr Clarke, dismissed Mr Badibanga's appeal from the Employment Tribunal sitting at Bury St. Edmunds. The Employment Tribunal decided it did not have jurisdiction to entertain Mr. Badibanga's complaint of unlawful racial discrimination brought against Otley College. The Employment Appeal Tribunal decided that there had been no error of law on the part of the Tribunal.
2. Mr. Badibanga filed his appellant's notice with the Civil Appeals Office on 10th January 2002. He was instructed to file bundles in support of his application by 18th February. Bundles were not received and on 18th March Mr. Badibanga was informed that his application would be listed for dismissal for failure to provide bundles. It is for that reason that the application is listed before me today.
3. This court has received a further application from Mr. Badibanga which appears to be closely linked to this application. Under reference number 2001/1496 Mr. Badibanga sought permission to appeal the refusal by Richards J of his claim for judicial review against the Employment Service. Mr. Badibanga is now seeking to reinstate that application. Obviously the two applications do appear to have close links. Bundles have not been received in support of that application, although the Office did receive a letter from Mr. Badibanga dated 19th March, which appears to be a copy of a letter of complaint which he sent to the Parliamentary Commissioner.
4. I will order that, unless within 21 days he has filed a set of bundles which fully comply with the terms of the bundle leaflet entitled "How to prepare a bundle of documents for the Court of Appeal", a further copy of which should be sent with today's order, his application shall stand dismissed with costs without further order.