MAZUR MATTERS 47: MAZUR CITED IN SUBMISSIONS FOR APPLICATION TO ADJOURN: “THIS IS NOT RELEVANT”
Mazur has not featured in many reported cases. However it is mentioned in passing here. For the sake of completeness of the series I have included it. It is (I suspect not the first) where it appears to have been…
THE CIVIL LITIGATION BRIEF TOOLBOX SERIES 3: WHERE DO YOU LOOK IF YOU WANT (OR WANT TO OPPOSE) AN APPLICATION THAT A TRIAL BE ADJOURNED BECAUSE A PARTY OR WITNESS IS ILL?
The motivation for this series arises from a personal experience earlier this year. I had travelled to a hotel in readiness for a trial the following day. At midnight I found out that the other side were asking for an…
APPLICATIONS TO ADJOURN A TRIAL BECAUSE OF ILL HEALTH: APPLICATION REFUSED BECAUSE THE MEDICAL EVIDENCE DID NOT ADDRESS SOME KEY ISSUES
In Nigel Mather & Ors v Lakbir Basran & Ors [2025] EWHC 438 (Ch) HHJ Hodge KC, sitting as a High Court Judge, refused the defendant’s application for an adjournment of the ongoing trial. The defendant had produced medical evidence…
APPLICATIONS FOR ANONYMITY ORDERS IN CIVIL CASES INVOLVING CHILDREN: COURT OF APPEAL ADJOURNS HEARING – BUT WHERE ARE WE NOW?
In PMC (a child) v A Local Health Board [2025] EWCA Civ 176 the Court of Appeal adjourned a hearing relating to anonymity orders in civil cases involving children, pending a Supreme Court decision. Some important guidance was given as…
CASE STRUCK OUT FOR FAILURE TO COMPLY WITH UNLESS ORDER: APPLICATION TO ADJOURN TO ALLOW RELIEF FROM SANCTIONS APPLICATION REFUSED: DENTON CRITERIA CONSIDERED
In Gladwin v RSM UK Restructuring Advisory LLP [2024] EWHC 3054 (Ch) ICC Judge Barber held that the claimant’s case was struck out because of a failure to comply with a peremptory order. The judge refused the claimant’s application to…
THE JUDGE SHOULD HAVE GRANTED AN ADJOURNMENT OF THE TRIAL: STRIKING OUT OF THE ACTION WHEN CLAIMANT DID NOT ATTEND THE PTR OVERTURNED ON APPEAL
The judgment of Mrs Justice Hill in Attaei v Alsharif & Ors [2024] EWHC 2972 (KB) is the second case this month where an appeal has been allowed against a refusal to grant an adjournment. In this case, however, the…
DELAYS, ADJOURNMENTS AND THE SIZE OF THE TRIAL BUNDLE: NOT JUST AN ACADEMIC PROBLEM: ELECTRONIC BUNDLES DOESN’T MEAN YOU CAN JUST THROW EVERYTHING IN
The judgment of Mr Justice Constable in Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2023] EWHC 2394 (TCC) contains another interesting insight into the preparation of trial bundles and how that, in itself, can become highly contentious. …
PROCEDURAL DEFAULTS IN JUDICIAL REVIEW PROCEEDINGS: ADJOURNMENTS OF TRIALS AND APPARENT BIAS
I first looked at the judgment in Saunders v Bristol Magistrates Court [2022] EWHC 2544 (Admin) because my attention was drawn towards the sub-heading “Procedural Defaults”. There were defaults. However this facts of this matter are important in themselves. …
JUDGE SHOULD HAVE GRANTED PARENTS AN ADJOURNMENT: COURT OF APPEAL ORDERS A REHEARING
In A (A Child : Withdrawal of Treatment: Legal Representation) [2022] EWCA Civ 1221 the Court of Appeal allowed an appeal against a refusal to grant an adjournment. It was held that an adjournment should have been granted and a…
COST BITES 16: THE CARE NEEDED WHEN QUANTIFYING “COSTS THROWN AWAY”: 45% OF CLAIMED COSTS TO BE PAID ON ACCOUNT
In Cabo Concepts Ltd v MGA Entertainment (UK) Ltd & Anor [2022] EWHC 2024 (Pat) Mrs Justice Joanna Smith considered the amount that should be ordered on account when costs were “thrown away” after an action was adjourned shortly before…
APPLICATIONS FOR ADJOURNMENTS 1: MATCH NOT POSTPONED
Issues relating to adjournments are a regular feature of the search terms that lead to this blog. There are two recent cases where questions relating to adjournments were considered, the first we will look at is the judgment of Mr…
DIDN’T FILE A SCHEDULE: COSTS CONFINED TO COUNSEL’S FEES
In Mahandru v Nielson [2021] EWHC 2297 (QB) Mrs Justice Steyn DBE considered what costs should be awarded when a respondent had successfully defended an appeal but not filed a costs schedule. The answer, in that case, was to simply…
WHEN A DEFENDANT DOES NOT TURN UP FOR TRIAL: THE RELEVANT CRITERIA CONSIDERED
In Van Zuylen v Whiston-Dew & Anor [2021] EWHC 2219 (Ch) Mr Nicholas Thompsell, sitting as a High Court Judge, considered the relevant criteria the court applies when a party fails to attend trial. The judgment also considers the relevant…
COSTS OUTSIDE THE COSTS BUDGET WHEN A PARTY IS LIMITED TO COURT FEES: STRIKING OUT, RELIEF FROM SANCTIONS, ADMINSTRATIVE ERRORS BY THE COURT, ABORTIVE COURT HEARINGS: ALL PROCEDURAL LIFE IS HERE…
The decision of Mr Justice Marcus Smith in Pasricha v Pasricha [2021] EWHC 1017 (Ch) contains a consideration of the circumstances in which a court can order costs to be paid to a party when their budget has been limited…
THE PARTIES CANNOT AGREE TO CONTRACT OUT OF COURT ORDERS: A LESSON FROM THE FAMILY COURT
Although the judgment of Mr Justice Mostyn in AS v CS (Private FDR) [2021] EWFC 34 relates to family proceedings the principle set out may well be of more general application. The fact that the parties have agreed to a…
ADJOURNMENT OF TRIAL ON THE GROUNDS OF ILL-HEALTH: COURT OF APPEAL OVERTURNS DECISION THAT HEARING SHOULD GO AHEAD: A TRIAL SHOULD BE “FAIR IN ALL THE CIRCUMSTANCES”
“Applying for an adjournment on the grounds of ill health” is a common (indeed one of the most common) search terms that leads people to this blog. It is unusual to see a Court of Appeal decision on this issue….
ADJOURNMENT OF A TRIAL IS A “LAST RESORT” (AND WILL RARELY OCCUR BECAUSE OF INABILITY OF SPECIFIC COUNSEL TO ATTEND)
The judgment of Mr Justice Fordham in Naylor v University Hospitals of Leicester NHS Trust [2021] EWHC 340 (QB) shows the difficulty of obtaining an adjournment of a trial date. The judge rejected an application on the grounds of…
COVID DOESN’T STOP THE COURTS GOING ON: BUT GREAT CARE IS NEEDED
In Bilta (UK) Ltd & Ors v SVS Securities Plc & Ors [2021] EWHC 36 (Ch) Mr Justice Marcus Smith examined in detail the principles relating to court hearings during COVID. There is an examination of the steps that need…
CORONAVIRUS LAW: DEFENDANT’S APPLICATION TO ADJOURN TRIAL REFUSED: TRIAL CAN GO AHEAD IN PERSON (AND WOULD GO AHEAD EVEN IF HELD REMOTELY)
In the judgment in SC v University Hospital Southampton NHS Foundation Trust (Rev 2) [2020] EWHC 1445 (QB) given yesterday Mr Justice Johnson refused the defendant’s application for an adjournment on the grounds that a trial held remotely would be…
A HEARING THAT “COULD NOT BE CONDUCTED FAIRLY OR PROPERLY” WITHOUT A PHYSICAL PRESENCE IN THE COURTROOM: IDEA OF REMOTE TRIAL REFUSED
The judgment of Sir Andrew McFarlane in P (A Child: Remote Hearing), Re [2020] EWFC 32 shows that remote hearings are not suitable for every case. “It seems to me that to contemplate a remote hearing of issues such as…
THE TRIAL WILL GO ON: JUDGE REJECTS ARGUMENT THAT FIVE WEEK TRIAL HAD TO BE ADJOURNED BECAUSE OF COVID-19
In Blackfriars Ltd, Re [2020] EWHC 845 (Ch) Mr John Kimbell QC (sitting as a Deputy High Court judge) refused an application to adjourn a trial made on the basis of the difficulties caused by coronavirus. The judgment contains a…
GUIDANCE IN DEVON AND CORNWALL: VACATION OF COURT HEARINGS AND RE-LISTING
The President of Plymouth Law Society has sent out the following guidance. COVID-19 – URGENT – CIVIL COURT HEARINGS TO BE VACATED – HHJ GORE QC Dear Member If you are a Civil Court user please read the notice below from…
DISCLOSURE OF SURVEILLANCE EVIDENCE LATE: THE FACT THAT THE GENIE IS OUT OF THE BOTTLE IS NOT ENOUGH: AN INTERESTING HIGH COURT DECISION
Angus Fergusson has kindly sent me a copy of the judgment of Mr Justice Birss in Grant -v- Newport City Council [2018] EWHC 3813, it is an interesting case where the judge, on appeal, upheld a decision to refuse…
APPLYING FOR AN ADJOURNMENT OF A TRIAL ON THE GROUNDS OF ILL HEALTH: A “CUT OUT AND KEEP” GUIDE TO THE AUTHORITIES
It is surprising how often searches that lead to this blog are questions about seeking adjournments on the grounds of ill health. This appears to be common issue. A useful “cut out and keep” summary of the relevant authorities can…
DEFENDANT’S APPLICATION FOR ADJOURNMENT OF TRIAL REFUSED: A PROBLEM OF THEIR OWN MAKING: THE TRIAL WILL GO AHEAD
There is an interesting summary of the decision in Mitchell -v- Precis 545 Ltd (15/11/2019) on Kings Chambers website. A report by my colleague Jeremy Roussak of a case where he represented the claimant and where HHJ Freedman refused a…
TRIAL JUDGE SHOULD HAVE WAITED FOR PARTIES TO ARRIVE AT COURT: APPEAL AGAINST ORDER UNDER CPR 39.3 ALLOWED
In Akita & Anor v Governor and Company of the Bank of Ireland [2019] EWHC 1712 (QB) Mr Justice Martin Spencer held that a trial judge, knowing that parties were on the way to court, should have waited longer before…
CASES TAKEN OUT OF THE LIST AT THE LAST MINUTE BECAUSE OF “LACK OF JUDICIAL TIME”: WHAT ARE THE CAUSES? YOU BE THE JUDGE
Not for the first time I return to the matter of hearings being taken out of the list at the very last moment. This is a longstanding problem that is getting worse. There were reports last week of two sets…
TELEPHONE HEARINGS WHEN COUNSEL WON’T ANSWER THE TELEPHONE: THE UNHAPPY LORD JUSTICE
There is a short judgment recently arrived on BAILLI which fits in well with the earlier post about telephone and electronic hearings. In Nixon & Anor v Secretary of State for the Home Department [2017] EWCA Civ 2694 Lord Justice…
BAD WEATHER MEANT COURT SHOULD HAVE GRANTED AN ADJOURNMENT: THE RELEVANT PRINCIPLES CONSIDERED
In Pari-Jones v CPS [2018] EWHC 3482 (Admin) the Administrative Court allowed an appeal against a decision not to adjourn a trial. The magistrates’ court simply went ahead without referring to any of the relevant legal principles. Although these were criminal…
ADJOURNING A HEARING BECAUSE OF A SICK NOTE: COURT OF APPEAL DECISION: MEDICAL EVIDENCE HAS TO ESTABLISH UNFITNESS TO ATTEND HEARING
There have been a number of cases recently relating to applications of hearings on health grounds, in particular the adequacy of the evidence. The relevant principles were reviewed by the Court of Appeal today in General Medical Council v Hayat [2018]…
A JUDGMENT ADJOURNING A TRIAL: THE CLAIMANT DID NOT KNOW WHETHER THE ACTION WAS NECESSARY; THE TRIAL BUNDLE DID NOT HAVE THE KEY DOCUMENT (AND MORE)
The short judgment of Mr Justice Holman in Matthews v Matthews & Anor [2018] EWHC 906 (Fam) looks like a family case. However it is an inheritance claim and contains some surprising revelations. KEY POINTS If you are asking a judge…
LISTING – WAITING TWO YEARS FOR PERMISSION TO APPEAL: 10 MONTHS TO HEAR AN APPLICATION: THIS IS NOT A MODERN JUSTICE SYSTEM
I’m quite happy to carry on posting about listing issues. Litigants should not suffer in silence. I post these three reports without comment. Delay of 10 months for listing of applications “Fast track personal injury claim in Central London County…
COURT LISTING – JUST WHEN YOU THOUGHT IT COULDN’T GET ANY WORSE
I wasn’t planning a regular series on the vagaries of court listing. I post these without comment. Both from Twitter today. Parties not told of an adjournment Barrister Banter @balchinlawyer 11 So at Court to discover case was adjourned a week ago…
PROBLEMS WITH LISTING: A CONTINUING SAGA
Complaints about listing continue. Some are put as comments to the original post on this blog, some use the #courtlisting hashtag on Twitter. This is just a flavour of complaints in the last week. Three months to acknowledge receipt of…
LISTING IN THE COUNTY COURT: AN EVERY DAY STORY OF EVER DAY FOLK: “WE’VE GOT NO JUDGES”
Problems with listing are one of the hidden problems of civil procedure. Hearings are listed and then pulled out at the last moment, often after the parties have arrived at court. This is an issue that should be publicised. It…
COURT WATCH: DON’T SUFFER IN SILENCE: REPORT CANCELLATIONS AND LISTING ISSUES HERE
There have been constant, and consistent, grumblings on social media about problems with court listing. Cases are cancelled at the last moment. Courts are overbooked. There appears to be no, or very little, thought given to the expense involved and…
JUDGE WAS WRONG NOT TO GRANT ADJOURNMENT ON THE GROUNDS OF ILL HEALTH AND TO REFUSE TO SET ASIDE SUBSEQUENT JUDGMENT
In Solanki v Intercity Telecom Ltd [2018] EWCA Civ 101 today the Court of Appeal overturned a decision discussed on this blog in 2015. The Court found that a judge should have granted a defendant an adjournment on ill-health grounds. He…
MOVING THE APPEAL TRIBUNAL FURTHER & FURTHER AWAY FROM THE APPELLANT’S HOME: PROCEDURAL UNFAIRNESS
Earlier this week I paid tribute to Sir Henry Brooke. This included his most recent work dealing with PIPs and ESAs. He wrote in his blog: “Readers of these blogs will know I have been telling stories of the injustices…
I WANT AN ADJOURNMENT BECAUSE I’M ILL: AN APPLICATION NOT GUARANTEED BE SUCCESSFUL
The issue of adjournments because of ill-health is one of the most common search terms that leads to this blog. (I am not certain whether to be surprised at this or not). For those searching today the relevant principles are…
SERVICE BY ALTERNATIVE MEANS, THE ABSENT DEFENDANT, DEFAULT JUDGMENT AND COSTS: ABSENCE OF DEFENDANT DOESN’T CAUSE THE COURT TO MISS A GEAR
In Pirtek (UK) Ltd v Jackson [2017] EWHC 2834 (QB) Mr Justice Warby considered several procedural issues. These are of wider interest, particularly issues relating to the method of service, proceeding in the defendant’s absence, summary judgment and costs. …
GLADWIN & SANCTIONS – AN ANALYSIS 3: AN ADJOURNMENT SHOULD NOT HAVE BEEN GRANTED: A BLAMELESS CLIENT IS NOT A GET OUT OF JAIL FREE CARD
In Gladwin -v- Bogescu [2017] EWHC 1287 (QB) Mr Justice Turner overturned an order giving the claimant relief from sanctions following late service of the witness statement. In the third of the series looking at the case more closely we…
APPEAL AGAINST REFUSAL TO ALLOW LATE WITNESS STATEMENTS AT TRIAL: CLAIMANT’S APPEAL DISMISSED
There are a surprising number of cases and appeals in relation to late service of witness evidence. In Byrne -v- Mullan [2017] EWHC 1387 (Ch) the claimant made an application to adduce new witness evidence which was heard on the…
GLADWIN & SANCTIONS – AN ANALYSIS 2: WHY (IN THEORY) THE DEFAULTING CLAIMANT COULD STILL RELY ON THE LATE WITNESS EVIDENCE
In Gladwin -v- Bogescu [2017] EWHC 1287 (QB) Mr Justice Turner overturned an order giving the claimant relief from sanctions following late service of the witness statement. In the second of the series looking at the case more closely we…
A JUDGE CANNOT GIVE PERMISSION TO APPEAL AFTER THE HEARING: MONROE -v- HOPKINS – SECOND ROUND
The case of Monroe -v- Hopkins [2017] EWHC 645 (QB) is the second judgment on the case. The judgment today related solely to the defendant’s application for permission to appeal. The judge ruled that he did not have jurisdiction to…
ADJOURNMENTS, ILL HEALTH, FAIRNESS AND THE DENTON PRINCIPLES: COURT OF APPEAL UPHOLDS CASE MANAGEMENT DECISIONS
In Dove -v- London Borough of Havering [2017] EWCA Civ 156 the Court of Appeal considered a number of procedural issues prior to giving judgment on the substantive point. The defendants argued that they should have been granted an adjournment of…
LATE SKELETON ARGUMENTS, ADJOURNMENTS AND THE OVERRIDING OBJECTIVE
In Owgilo -v- The General Medical Council [2017] EWHC 419(Admin) Mr Justice Dove considered the situation when a witness statement was served late and the applicant requested an adjournment. The overriding objective played a prominent part in the decisions made….
A WITNESS IN THE COURSE OF GIVING EVIDENCE IS IN PURDAH: THE ROLE OF THE LAWYER
The Employment Tribunal decision in Chidzoy -v- BBC (available here) contains an important lesson to lawyers and litigants alike. A witness in the course of giving evidence is in “purdah” – in that they should not discuss the case with…
EVIDENCE IN PART 8 APPLICATIONS: APPLY IN ADVANCE OR YOU WILL PROBABLY NOT BE ALLOWED TO CALL ANY
It is unusual to call evidence in Part 8 applications. This is made clear in the judgment of HH Walden-Smith in Wokingham Borough Council -v- Scott [2017] EWHC 294 (QB). A party failed to make an application to call oral…
COUNSEL’S DUTY IS TO THE CLIENT: GUIDANCE FROM THE UPPER TRIBUNAL
There have been strong words issued by the Upper Tribunal (Immigration and Asylum) Chamber recently in relation to non-compliance and the imposition of sanctions. The Tribunal has more problems in imposing sanctions than most because of the overwhelming need for…
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