‘The Upper Tribunal has allowed an appeal on all three grounds against a decision by the First Tier Tribunal to refuse an application for an adjournment to obtain evidence regarding aftercare.’
Local Government Lawyer, 27th November 2023
Source: www.localgovernmentlawyer.co.uk
‘A Commercial Court judge has blamed a claimant “in large part” for the “wholly unacceptable” last-minute adjournment of their case after he had begun pre-reading for it.’
Legal Futures, 17th November 2023
Source: www.legalfutures.co.uk
‘The recent decision in Brem v Clark & Anor [2023] EWHC 1358 (KB) is a good reminder of the matters that the court will consider when determining an application to strike out a ‘dubious’ claim in unusual circumstances and a subsequent appeal against the decision to strike out.’
Becket Chambers, 4th July 2023
Source: becket-chambers.co.uk
‘The Family Court did not act unfairly when a judge refused to adjourn an adoption case when the mother’s solicitors withdrew at a late stage, the Court of Appeal had decided.’
Local Government Lawyer, 8th March 2023
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge was wrong to refuse an adjournment sought by parents of a brain-damaged baby who lost their legal representation shortly before a hearing on withdrawing treatment, the Court of Appeal has ruled.’
Legal Futures, 13th September 2022
Source: www.legalfutures.co.uk
‘A High Court judge has refused a litigant’s plea to adjourn a hearing date on the basis his preferred barrister was double booked on that date.’
Law Society's Gazette, 30th November 2021
Source: www.lawgazette.co.uk
‘In this recent judicial review (2021) EWHC 1964 (Admin) H.H. Judge Gosnell addressed interesting questions around closure orders, adjournments, Article 6(1) rights, and the refusal of the Magistrates Court to state a case. He declined to grant relief because the issue had become academic, but if that had not been the case he would have found for the Claimant. Leeds City Council, the Claimant’s landlord, were an Interested Party in the JR, took a neutral position and were not represented. Leeds District Magistrates Court, the Defendant, did the same, the usual approach where a court is challenged.’
Nearly Legal, 8th August 2021
Source: nearlylegal.co.uk
‘Leeds District Magistrates Court erred by deeming an application frivolous and refusing to state a case for the opinion of the High Court, a judge has ruled.’
Local Government Lawyer, 22nd July 2021
Source: www.localgovernmentlawyer.co.uk
‘This case is about a little boy, J, who was approaching three years of age at the time the decision was made. His mother was 19 when J was born and she was living with J’s father. The local authority issued care proceedings in relation to J in August 2018. The proceedings began as J suffered a number of injuries whilst he was in the care of his mother and a Mr K. At a hearing before His Honour Judge Jack (‘the Judge’) findings were made that the mother had suffered serious abuse at the hands of J’s father.’
Transparency Project, 12th April 2021
Source: www.transparencyproject.org.uk
‘In Bilta (UK) Ltd (in liquidation) & Others v Tradition Financial Services Ltd [2021] EWCA Civ 221 the Court of Appeal examined the principles to be applied when a party seeks an adjournment because a witness is unable to attend the trial due to ill-health.’
No. 5 Chambers, 4th March 2021
Source: www.no5.com
‘In the recent case of Bilta (UK) Ltd and others v SVS Securities Plc and others [2021] EWHC 36 (Ch) Mr Justice Smith considered an application on behalf of the Fifth Defendant, Traditional Financial Services (‘TFS’), for an adjournment 1 week before the commencement of a 5 week trial. The case was to be heard in the Rolls Building as part of the Financial List.’
St Ives Chambers, February 2021
Source: www.stiveschambers.co.uk
‘In GL v Elysium Healthcare Upper Tribunal Judge Kate Markus has provided a helpful reminder of the importance of maintaining standards of fairness in the remote environment.’
Doughty Street Chambers, 12th January 2021
Source: insights.doughtystreet.co.uk
‘The High Court has ruled that the fears of three witnesses about giving evidence in person during the UK’s winter Covid spike should not lead to a five-week complex commercial trial being adjourned.’
Legal Futures, 26th January 2021
Source: www.litigationfutures.com
‘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.’
Hardwicke Chambers, 7th October 2020
Source: hardwicke.co.uk
‘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.’
Transparency Project, 26th June 2020
Source: www.transparencyproject.org.uk
‘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.’
1 GC: Family Law, 5th June 2020
Source: 1gc.com
‘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.’
Litigation Futures, 11th June 2020
Source: www.litigationfutures.com
‘What can we take away from the judgment in this recent Covid-19 related remote hearing case?’
Broadway House Chambers, 29th May 2020
Source: broadwayhouse.co.uk
‘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.’
Thomas More Chambers, 18th May 2020
Source: www.thomasmore.co.uk
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