Category Adjournments

ADJOURNMENTS, ILL HEALTH, FAIRNESS AND THE DENTON PRINCIPLES: COURT OF APPEAL UPHOLDS CASE MANAGEMENT DECISIONS

In Dove -v- London Borough of Havering [2017] EWCA Civ 156 the Court of Appeal considered a number of procedural issues prior to giving judgment on the substantive point.  The defendants argued that they should have been granted an adjournment of the trial. The judge rejected that application. The judge’s decision was upheld by the Court […]

LATE AMENDMENT OF PARTICULARS OF CLAIM NOT PERMITTED: HIGH COURT DECISION TODAY

In a judgment today  in Henderson -v- Dorset Healthcare University Foundation NHS Trust [2016] EWHC 3032 (QB) Mr Justice Warby refused a claimant’s application to amend the Particulars of Claim.  The judgment covers a number of points. In particular it outlines the robust attitude the courts now take to late amendment. KEY POINTS The court […]

BUNDLES EXHIBITS AND PAGINATION: AVOIDING COSTLY MISTAKES

I have given up being surprised that the post on trial bundles and Sedley’s Law is the most read post on this blog.  Day after day, month after month, it draws a regular readership. However, in practical terms, it is easy to see why this is. The importance of bundles, exhibits and accurate pagination can […]

THE MEDICAL EVIDENCE IN SUPPORT OF AN APPLICATION TO ADJOURN CANNOT BE IGNORED

A post last week noted the decision of the Court of Appeal in TBO Investments Ltd -v- Mohun Smith EWCA Civ 403 where the court stated that an application under CPR 39.3 should have been allowed when a defendant failed to attend court for medical reasons. Similar reasoning, in perhaps a more robust style, can […]