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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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One of the defendants in a civil case is ill before a trial

Resolved Question:

One of the defendants in a civil case is ill before a trial and is still ill during the trial (confined in hospital) and not in sufficient health to defend themselves, and asks for an adjournment until they fit to attend trial is the court allowed to refuse the request. The case was such that the defendants were likely to lose their home and livelihood.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
If they have a letter from the hospital or GP saying they are unfit to attend Court and it MUST say unfit to attend Court then they can apply to adjourn.
If they are represented their Solicitor can do it. If not they need to apply on form N244:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
But they MUST make an application to adjourn and MUST include evidence saying in hospital/unfit to attend Court.
Can I clarify anything for you about this today please?
Alex
Ash and 3 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
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 2 years ago.

Dear Alex,

my apologies for not getting back to you earlier but I have been unable to access this account for technical reasons which have only just been sorted out.

Thank you for your response, we did send a letter to the court from the defendants doctor saying that she was unfit to attend court (she had been in hospital a number of weeks)

However, we then discovered that the solicitor had not put forward that she needed to attend court and the court disregarded the letter as irrelevant.

There was no adjournment and we have lost our home and livelihood as a result.

Expert:  Ash replied 2 years ago.
If the Solicitor failed to do this all you can do is appeal in that case. Its form N161:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n161-eng.pdf
But you MUST appeal.
Does that help?
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

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