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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am in a legal action and the trial is listed weeks

Customer Question

I am in a legal action and the trial is listed for two weeks time. However my doctor has said I am suffering from depression and I am not fit to cope with it. How do I get the trial adjourned?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is this a criminal trial?
Customer: replied 1 year ago.

No. It is a civil dispute with my local council

Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Have you made an application to adjoun?
Customer: replied 1 year ago.

No. Would this be complicated by the fact that the court has placed a limited restraining order on me?

Expert:  Ash replied 1 year ago.
Ah ok. The only way you can adjourn is by making a formal application on form n244. But you must do this as the court won't adjourn without making a formal application. You can do this and include your medical evidence saying you can't attend,
But unless you make an application the court won't adjourn and will proceed without you,
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Do I not have to ask permission first before I make this application or is this an exception to the rule?

Expert:  Ash replied 1 year ago.
Yes. You need to ask for permission to take the application but annex it as this is a good reason.
Does that clarify?
Alex
Customer: replied 1 year ago.

Yes. Thanks

Expert:  Ash replied 1 year ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 1 year ago.

Can you tell me what fee I have to pay and would I need to pay one to begin with and then the other

Expert:  Ash replied 1 year ago.
You will have to pay an application fee unless you are fee exempt. Make it on one application for permission and to adjourn.
Alex
Customer: replied 1 year ago.

Is a court likely to adjourn a trial based on my mild depression. The other side have said they will oppose my application as my GP has not stated why I cannot attend

Expert:  Ash replied 1 year ago.
Only if you have a note saying you are unfit to attend Court. It must say that.
Alex
Customer: replied 1 year ago.

I have. Thank you

Expert:  Ash replied 1 year ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

I have just heard from the court that the judge has ordered this to be listed for a hearing this Wednesday for a period of 30 minutes. Why does it need such a long hearing?

Expert:  Ash replied 1 year ago.
The Judge needs to hear what you have to say, what the other side have to say, give Judgment and deal with the issue of costs.
Alex
Customer: replied 1 year ago.

But you said that if I have a certificate stating I am unfit to attend the trial it would be adjourned

Expert:  Ash replied 1 year ago.
Yes. But the court may still want to hear from the other side. dont forget you also need permission first which is why the Court may want the hearing.
Alex
Customer: replied 1 year ago.

At first the other side said they would oppose the application then when I gave them further details, i.e. that I have been prescribed anti-depressants which have side-effects, they said they will await the outcome of my application, which gave me the impression they would not oppose it

Expert:  Ash replied 1 year ago.
Ok. Yes that appears to be the case. They appear to be neutral so its a matter for the Court.
Alex
Customer: replied 1 year ago.

Does that mean they will likely not attend

Expert:  Ash replied 1 year ago.
Its up to them, they may do or may not bother to save costs.
Alex
Customer: replied 1 year ago.

Okay. Thank you

Expert:  Ash replied 1 year ago.
Happy to help.
Alex
Customer: replied 1 year ago.

Hello. I attended at the court this morning and although I managed to get the trial adjourned, the judge said that his decision was more to do with the fact that the other party had not filed the trial bundle than it was by what I had put forward to him.

He said that it isn't enough to just go there with a note from my GP saying that I'm unfit to attend the trial.

Expert:  Ash replied 1 year ago.
Good so it's adjourned.
Alex
Customer: replied 1 year ago.

Well yes. A result is a result it's true. As a professional is that how you would view it?

Expert:  Ash replied 1 year ago.
It's adjourned so that's the good result.
Alex
Customer: replied 1 year ago.

Do you think it will look odd if I now apply for the restraining order to be discharged and to amend my defence?

Expert:  Ash replied 1 year ago.
It's a matter for you. If you need to amend the defence then you need to
Alex
Customer: replied 1 year ago.

Okay. Thank you

Expert:  Ash replied 1 year ago.
Happy to help.
Alex

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