Setting aside judgment for non-attendance: not necessarily what you may expect – Hardwicke Chambers

Posted November 10th, 2020 in adjournment, civil procedure rules, default judgments, news by sally

‘In Fatima v Family Channel Ltd & Anor [2020] EWCA Civ 824, the Court of Appeal addressed an important point of principle engaging the right to a fair trial: the interplay between an unsuccessful application to adjourn a trial under CPR Part 3.1(2)(b) and a subsequent application under CPR Part 39.3 to set aside a judgment against a non-attending party. The decision clarifies whether the judge considering the Part 39.3 application is bound by the trial judge’s findings of fact, or is entitled to draw his own conclusions on the same evidence and material before the court.’

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Hardwicke Chambers, 7th October 2020

Source: hardwicke.co.uk

Remote hearings, hybrid hearings, adjourned hearings – Transparency Project

Posted June 30th, 2020 in adjournment, coronavirus, news, remote hearings by sally

‘Lancashire County Council v M & Ors (COVID-19 Adjournment Application) [2020] EWFC 43 is another case (like Re C that we wrote on here) where an extraordinarily large number of professionals spent many hours working on a notion that was dismissed by the judge, although this time in the Family Court, not the Court of Appeal. Although the judge, Mr Justice MacDonald, emphasised that a case management decision about holding a remote or hybrid or full-face hearing should not normally take very long, he also explained why he had to spell out his reasons in more than 60 paragraphs.’

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Transparency Project, 26th June 2020

Source: www.transparencyproject.org.uk

Guidance from the High Court on adjournments in care proceedings during the COVID-19 pandemic (A Local Authority v Mother and Ors) – 1 GC: Family Law

‘Liz Andrews, barrister at 1|GC Family Law reviews the judgment in A Local Authority v The Mother and others where Williams J was required to determine, in light of the guidance of the President of the Family Division alongside the recent decisions concerning adjournments during the coronavirus (COVID-19) pandemic, whether a fact-finding hearing taking place within long-running care proceedings was to continue following the conclusion of expert evidence and, if so, in what form, or whether the hearing should be adjourned to allow the lay parties to give evidence in person.’

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1 GC: Family Law, 5th June 2020

Source: 1gc.com

Giving evidence is not ‘work’ for furloughed employee – Litigation Futures

Posted June 11th, 2020 in adjournment, coronavirus, employment, news, witnesses by sally

‘Giving evidence at court is not “work” for an employee and so being on furlough is not a reason for their employer to seek to vacate a hearing, the designated civil judge in Nottingham has ruled.’

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Litigation Futures, 11th June 2020

Source: www.litigationfutures.com

A Local Authority v The Mother and others [2020] EWHC 1233 (Fam) by Ned Sproston – Broadway House Chambers

Posted June 4th, 2020 in adjournment, care orders, coronavirus, drug abuse, news by sally

‘What can we take away from the judgment in this recent Covid-19 related remote hearing case?’

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Broadway House Chambers, 29th May 2020

Source: broadwayhouse.co.uk

An Option for Defendants Charged Under the Lockdown Regulations – Thomas More Chambers

Posted May 29th, 2020 in adjournment, coronavirus, defences, news, prosecutions by sally

‘The variety of criminal offences created as part of HM Government’s response to the current Covid-19 pandemic has caused a discomforting amount of confusion for individuals, police, criminal practitioners, and courts. This brief article makes the small suggestion that, in the very short term, criminal defence practitioners may wish to seek adjournments for any prosecutions under the Public Health (Coronavirus, Restrictions) (England) Regulations 2020 (“the Lockdown Regulations”) pending a judicial review of the lawfulness of the Regulations.’

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Thomas More Chambers, 18th May 2020

Source: www.thomasmore.co.uk

Number of PI hearings halves during lockdown – Litigation Futures

‘The number of hearings in personal injury (PI) cases has halved since lockdown began, new figures have shown, with barristers calling for a presumption towards hearing, rather than adjourning, cases.’

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Litigation Futures, 22nd May 2020

Source: www.litigationfutures.com

Getting the Court to Hear Your Case During the Pandemic – 3PB

Posted May 19th, 2020 in adjournment, coronavirus, county courts, lists, news, remote hearings by sally

‘The county court has responded rapidly to the sudden and unprecedented change to its working practices. However, the move to remote hearings has brought a marked decline in the retention of existing listings. Many litigants have found their hearings adjourned by the court even when those hearings were, on the face of it, suitable for hearing remotely.’

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3PB, 12th May 2020

Source: www.3pb.co.uk

Judge was wrong not to adjourn trial involving injured litigant – Litigation Futures

Posted May 7th, 2020 in accidents, adjournment, boundaries, news by sally

‘A judge was wrong to refuse adjourning a trial where one of the litigants injured his back just before the hearing and needed an emergency operation, the High Court has ruled.’

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Litigation Futures, 5th May 2020

Source: www.litigationfutures.com

Extensions of time and adjournment of face-to-face hearings for Covid-19 reasons – Parklane Plowden Chambers

Posted May 6th, 2020 in adjournment, chambers articles, coronavirus, courts, delay, news, time limits by sally

‘In the challenging and constraining times imposed by the Covid-19 pandemic, it can be difficult to comply with case management directions. Although the parties may agree extensions of time of up to 56 days if they do not imperil a hearing date, applications continue to be necessary where the extension may impact on a court hearing.’

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Parklane Plowden Chambers, 28th April 2020

Source: www.parklaneplowden.co.uk

Court of Appeal sets out ‘cardinal points’ on remote hearings and approach to public law children cases – Local Government Lawyer

‘The Court of Appeal has handed down rulings in the first two appeals relating to the welfare of children to have reached the court on the issue of remote hearings during the COVID-19 pandemic.’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Civil and family cases being adjourned “for no apparently good reason”: Bar Council – Local Government Lawyer

‘Many civil and family cases are being adjourned “for no apparently good reason”, the Chair of the Bar Council, Amanda Pinto QC, has claimed.’

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Local Government Lawyer, 28th April 2020

Source: www.localgovernmentlawyer.co.uk

To adjourn or not to adjourn: consideration of the Chief Coroner’s Guidance in relation to COVID-19 and the effects of the pandemic on inquests and reports of deaths to coroners – Parklane Plowden

Posted April 28th, 2020 in adjournment, coronavirus, inquests, news by sally

‘The Chief Coroner Guidance (numbers 34 and 35) has made it clear, as with other jurisdictions, that no physical hearing should take place unless it is urgent and essential business and it is safe for those involved.’

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Parklane Plowden, 24th April 2020

Source: www.parklaneplowden.co.uk

Principles to be considered in respect of Applications for Adjournment or for Extension of Time during the COVID-19 Pandemic – Henderson Chambers

Posted April 28th, 2020 in adjournment, coronavirus, news, time limits by sally

‘In Municipo de Mariana & Ors v BHP Group PLC & Ors ([2020] EWHC 928 (TCC)) His Honour Judge Eyre QC set out the principles to be applied by the Court when considering applications to extend time for compliance with directions or for the adjournment of hearings in the context of the challenges posed by the COVID-19 pandemic. These principles provide a helpful framework for parties seeking to make such applications.’

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Henderson Chambers, 24th April 2020

Source: www.hendersonchambers.co.uk

High Court rejects attempt to adjourn £250m trial because of virus – Litigation Futures

‘The High Court has rejected an application to adjourn a five-week trial of a £250m insolvency claim because of the coronavirus pandemic.’

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Litigation Futures, 9th April 2020

Source: www.litigationfutures.com

Dealing with Applications for Adjournments due to Ill-Health – St Ives Chambers

Posted February 14th, 2020 in adjournment, case management, chambers articles, health, litigants in person, news by sally

‘The High Court has provided a comprehensive summary, in the case of Financial Conduct Authority (FCA) V Avacade Ltd & Ores [2020] EWHC 26, of the relevant authorities when it comes to applying for an adjournment on the grounds of ill-health.’

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St Ives Chambers, 6th February 2020

Source: www.stiveschambers.co.uk

Freeman tribunal adjourned and may not finish until October next year – The Guardian

Posted December 17th, 2019 in adjournment, disciplinary procedures, doctors, drug abuse, news, sport, tribunals by tracey

‘The occasionally dramatic if sprawling medical tribunal of the former British Cycling and Team Sky doctor Richard Freeman, which was due to be done and dusted last March, may not finish now until October 2020 after being adjourned yet again.’

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The Guardian, 16th December 2019

Source: www.theguardian.com

Family judges must justify delaying final decisions – Court of Appeal – Law Society’s Gazette

Posted September 24th, 2019 in adjournment, delay, family courts, news by tracey

‘Judges have been warned by the Court of Appeal not to adjourn final decisions in family cases simply to “press the pause button”.’

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Law Society's Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

Judge praises LiPs denied adjournment to find solicitors – Litigation Futures

Posted September 20th, 2019 in adjournment, legal representation, litigants in person, news, probate by sally

‘A deputy master hearing a probate dispute in the High Court said the way litigants in person ran their defence justified a decision not to adjourn the case so they could instruct new lawyers.’

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Litigation Futures, 20th September 2019

Source: www.litigationfutures.com

Medical tribunal of former Team Sky doctor Richard Freeman adjourned – The Guardian

Posted March 6th, 2019 in adjournment, disciplinary procedures, doctors, news by sally

‘The medical tribunal of the former Team Sky and British Cycling doctor Richard Freeman, which was due to hear charges that he purchased 30 sachets of banned testosterone for an unnamed rider, has been adjourned and will not be heard until later this year at the earliest.’

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The Guardian, 5th March 2019

Source: www.theguardian.com