Key Facts
- •Claimant applied for adjournment of a 7-day trial starting 27 November 2023.
- •Claim concerns the validity of donationes mortis causa gifts.
- •Claimant is now litigant in person after solicitors ceased to act on 24 October 2023.
- •Adjournment sought on grounds of defendant's non-compliance with court orders, claimant's wife's illness, and deaths of close relatives in Bangladesh.
- •Trial was delayed significantly from its original date.
Legal Principles
Court may adjourn a hearing.
CPR rule 3.1(2)(b)
Court must consider overriding objective of CPR 1.1 (expense, proportionality, allocation of resources).
Boyd & Hutchinson (A Firm) v Foenander [2003] EWCA Civ 1516
When considering a late adjournment application, court should consider parties' conduct, ability to overcome delays, jeopardy to a fair trial, specific trial matters (e.g., illness), and consequences of adjournment.
Fitzroy Robinson Ltd v Mentmore Towers Ltd (No 2) (2009) 128 Con LR 91
In medical issues, guiding principle is whether trial will be fair; assessment is fact-sensitive; inability of a party or witness to attend is highly material.
Bilta (UK) Ltd v Tradition Financial Services Ltd [2021] EWCA Civ 221
Appropriate medical evidence is needed for adjournments based on medical grounds; court is not bound to accept expert evidence.
Levy v Ellis-Carr [2012] EWHC 63 (Ch)
Outcomes
Application for adjournment refused.
Application was late; claimant failed to demonstrate significant prejudice; fair trial remains possible; significant delay would result from adjournment; public interest in finality of litigation.