Transomas Limited & Anor v Kheri Trading Limited & Anor
[2023] EWHC 2708 (Ch)
Masadur Rahman v Dewan Raisal Hassan & Ors
24 November 2023
[2023] EWHC 3004 (Ch)
High Court
Someone tried to delay their court case at the last minute. The judge said no because the reasons given weren't good enough and delaying would waste time and money, and a fair trial could still happen.
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.