Asif Khan, R (on the application of) v The Crown Court at Manchester
[2024] EWHC 2730 (Admin)
OCM Maritime Nile LLC & Anor v Courage Shipping Co & Ors
10 April 2024
[2024] EWHC 1132 (Comm)
High Court
A man asked a court to delay his hearing because he didn't have a lawyer. The judge said no because he'd had plenty of time to get one, could have gotten free legal help, and there was evidence he could afford a lawyer. The judge also considered previous attempts to delay the hearing.
Key Facts
- •Mr. Mallah applied for an adjournment of a committal application.
- •Mr. Mallah claimed to be deprived of legal representation.
- •The application for adjournment was made late.
- •Mr. Mallah cited detention in Denmark and family issues as reasons for the delay.
- •Mr. Mallah had been without legal representation for approximately 5 months.
- •Mr. Mallah had previously been legally represented and had the option of Legal Aid.
Legal Principles
The decision to adjourn a hearing is a case management decision made in accordance with CPR3 and the overriding objective.
CPR3
An adjournment should be granted if not doing so would amount to a denial of justice. The court should be particularly cautious where consequences are severe (e.g., dismissal of proceedings or committal).
Unspecified case authorities
A litigant needing presence for a fair trial, unable to be present through no fault of their own, usually has an adjournment granted, but this is subject to limits, especially for late applications or reasons the litigant could have addressed.
European Court cases (unspecified)
Outcomes
The application for adjournment was refused.
Mr. Mallah failed to provide sufficient evidence to meet the test of a denial of justice if the adjournment was refused. The court found his explanations for the lack of legal representation insufficient, citing the length of time without representation, the availability of Legal Aid, and evidence suggesting he could afford representation. The court also noted a history of late, poorly supported adjournment applications.