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…
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…
ADJOURNMENTS ON THE GROUNDS OF ILL HEALTH: A DETAILED CONSIDERATION
In Decker -v- Hopcraft [2015] EWHC 1170(QB)Mr Justice Warby set out the principles to be considered when a litigant seeks an adjournment of a hearing on the grounds of ill health. The judge held that there were five main factors…
ADJOURNMENT OF SUMMARY JUDGMENT HEARING TO ARGUE NOVATION? NO VAY
In A.T. Stannard Ltd -v- James Tobutt and Thomas Tobutt [2014] EWHC 3491 (TCC) Mr Justice Akenhead refused an application for the adjournment of a hearing for summary judgment to allow the defendants to, belatedly, argue novation of a contract. THE…