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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Adjournments on the grounds of ill health
THROWBACK FRIDAY (1): ADJOURNMENTS ON THE GROUNDS OF ILL HEALTH: A DETAILED CONSIDERATION (APRIL 2015)

THROWBACK FRIDAY (1): ADJOURNMENTS ON THE GROUNDS OF ILL HEALTH: A DETAILED CONSIDERATION (APRIL 2015)

April 10, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content

The issue of adjournments being sought because of the ill-health of a party or witness (and in one case Leading Counsel) is always a concern.  Sometimes these applications are made late, on the morning of the trial itself, and the…

EXPERT WATCH 16:  IS PART 35 PERMISSION  NEEDED WHEN A DOCTOR GIVES OPINION EVIDENCE AS TO A PARTY'S ABILITY TO PARTICIPATE IN LITIGATION?

EXPERT WATCH 16: IS PART 35 PERMISSION NEEDED WHEN A DOCTOR GIVES OPINION EVIDENCE AS TO A PARTY’S ABILITY TO PARTICIPATE IN LITIGATION?

October 1, 2025 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content, Relief from sanctions

Here we look at a case where a party was seeking a stay of litigation on medical grounds.  Medical evidence was provided which supported the litigant’s stance.  The claimant took objection to the report as it contained “opinion” and the…

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 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?

September 22, 2025 · by gexall · in Adjournments, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

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…

WHEN A PARTY WANTS AN ADJOURNMENT: THE PRINCIPLES CONSIDERED

WHEN A PARTY WANTS AN ADJOURNMENT: THE PRINCIPLES CONSIDERED

June 24, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content

The law on adjournments sought for health reasons is relatively clear.  Knowledge of the principles (or at least where to find them easily) is an essential part of the litigator’s toolkit, not least because applications tend to come “out of…

APPLICATIONS TO ADJOURN A TRIAL BECAUSE OF ILL HEALTH: APPLICATION REFUSED BECAUSE THE MEDICAL EVIDENCE DID NOT ADDRESS SOME KEY ISSUES

APPLICATIONS TO ADJOURN A TRIAL BECAUSE OF ILL HEALTH: APPLICATION REFUSED BECAUSE THE MEDICAL EVIDENCE DID NOT ADDRESS SOME KEY ISSUES

March 26, 2025 · by gexall · in Adjournments, Applications, Civil Procedure, Members Content

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…

COURT GRANTS DEFENDANT’S APPLICATION FOR AN ADJOURNMENT DUE TO THE ILLNESS OF LEADING COUNSEL

January 14, 2025 · by gexall · in Applications, Civil Procedure, Members Content

In  Manchester Property Development Holdings & Anor v Kuit Steinart Levy LLP [2025] EWHC 35 (Comm) Dame Clare Moulder DBE granted the defendant’s application for an adjournment of an imminent trial because Leading Counsel became unexpectedly ill.   There was insufficient…

WHEN A DEFENDANT DOES NOT TURN UP FOR TRIAL: THE RELEVANT CRITERIA CONSIDERED

WHEN A DEFENDANT DOES NOT TURN UP FOR TRIAL: THE RELEVANT CRITERIA CONSIDERED

August 5, 2021 · by gexall · in Adjournments, Applications, Members Content

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…

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"

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”

February 22, 2021 · by gexall · in Adjournments, Appeals, Members Content

“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….

JUDGE WAS WRONG NOT TO GRANT ADJOURNMENT ON THE GROUNDS OF ILL HEALTH AND TO REFUSE TO SET ASIDE SUBSEQUENT JUDGMENT

JUDGE WAS WRONG NOT TO GRANT ADJOURNMENT ON THE GROUNDS OF ILL HEALTH AND TO REFUSE TO SET ASIDE SUBSEQUENT JUDGMENT

February 9, 2018 · by gexall · in Adjournments, Appeals, Members Content, Setting aside 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…

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