A - Adjournment
1/5/20
MORGAN v EGAN [2020] EWHC 1025 (QB)
Considers principles to be applied on appeals against a refusal to adjourn a trial [25], and the approach to applications to adjourn on medical grounds [38]. The judge below had been wrong to refuse an adjournment without seeking or permitting the appellant to file further medical evidence.
17/4/20
MUNICIPIO DE MARIANA v BHP GROUP PLC [2020] EWHC 928 (TCC)
Considers principles to be applied to applications to extend time to serve evidence and loss of a trial date in light of the impact of the COVID-19 pandemic on preparation. There is to be rigorous examination of the possibility of a remote hearing and of the ways in which such a hearing could be achieved consistent with justice before the court should accept that a just determination cannot be achieved in such a hearing [24].
27/3/15
DUFFY v SECRETARY OF STATE FOR HEALTH [2015] EWHC 867 (QB)
An application to adjourn a trial was allowed on grounds of unavailability of an important expert witness. But the court stressed that fixed trial dates are regarded as immovable save in the most exceptional and compelling circumstances [2].
6/3/14
MIAH v JALIL [2014] EWCA Civ 341
Having granted relief from sanction for late service of witness statements a judge had been wrong not to grant an adjournment of the start of the trial. The defendants were not prepared for trial and had reasonably assumed that an adjournment would follow relief being granted.
20/12/13
SCRIVEN v SCRIVEN [2013] EWHC 4223 (Ch)
Application to postpone trial refused.
2/8/12
JUMANI v MORTGAGE EXPRESS [2012] EWCA Civ 1455
A refusal to adjourn a trial for unavailability of a critical witness was reversed. The judge had failed to consider if a fair trial was possible.
26/7/12
DHILLON v ASIEDU [2012] EWCA Civ 1020
On appeal against a refusal to adjourn a trial, the test is whether the refusal was unfair and the decision plainly wrong.
24/7/12
PAREXEL INTERNATIONAL LTD v ADNETT [2012] UKEAT 0381/12/CEA
Refusal to adjourn hearing where medical evidence of party’s fitness to attend unsatisfactory.
6/7/12
SEIKO EPSON CORP v DYNAMIC CASSETTS INTERNATIONAL LTD [2012] EWHC 1906
Where a trial date had been fixed for the expedited trial of a claim, the unavailability of leading counsel on that date did not provide a sufficient reason to adjourn the trial to a new date.
23/1/12
LEVY (TRUSTEE IN BANKRUPTCY OF E ELLIS-CARR) v ELLIS-CARR [2012] EWHC 63 (Ch)
To justify failing to attend a hearing on medical grounds, medical evidence should identify the medical attendant, give details of his familiarity with the party’s medical condition (detailing all recent consultations), identify with particularity the patient’s medical condition and the features which prevent participation in the trial process, provide a reasoned prognosis and give the court some confidence that what is being expressed is an independent opinion after a proper examination.
26/11/09
FITZROY ROBINSON LTD v MENTMORE TOWERS LTD [2009] EWHC 3070 (TCC)
Considers principles to be applied to late applications to adjourn a trial [9].
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