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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a hearing in the Northampton County Court on Wednesday

Customer Question

I have a hearing in the Northampton County Court on Wednesday next 16th September, 2015, where we- Planet Theatre Productions Ltd. are charging our former employee Nicholas W. G. May with Fraud and Conspiracy to Defraud. Since our principal claimant, Mr. S. S. Garvey is at present suffering a form of nervous breakdown, he is unable to appear, and we would like to ask for an adjournment.
Since it is not very clear from Form N244 how to do this, I would much appreciate some advice on how to apply to the court for this adjournment.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
For now please let me know whether this is a civil or criminal matter please?
Customer: replied 1 year ago.

This is a civil matter. The Claim number is ***** Time is ticking on and my fear is that our legitimate claim may be dismissed if, due to Mr. Garvey's illness, we do not appear in Northampton on the date specified. Mr. Garvey is in medical hands and should be able to testify within a few weeks. I myself am 86 years old and not fully conversant with all the facts.

I shall bookmark your profile.

Expert:  Ash replied 1 year ago.
It is form N244.
What you need to do is Box 10 is give the reasons for an adjournment. You are asking because the witness can not attend. But you WILL need medical evidence. He needs a note from his GP saying he is unfit to attend Court. It MUST say these words.
Without a note saying unfit to attend Court the adjournment wont be granted.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Thank you so far, Alex. I do not understand your reference to Box 10.

Where is this box to be found?

I can obtain a medical referral, but am still not clear where I should send this, presu,able to the Court Manager, Northampton County Court. Would this be in a letter from ourselves (on our company headed notepaper), of must I send some official form. N.244 does not seem to fit our circumstances.

Expert:  Ash replied 1 year ago.
Forn N244:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
The big box on page 2.
You need to send this enclosing a cheque for £50 (application fee), with a covering letter as I am assuming you are not represented. Its not a referral but a FIT note saying he is unfit to attend Court. You send this to the Court who is hearing the case.
Does that help?
Alex
Customer: replied 1 year ago.

Dear Alex,

Excellent though your answers have been so far, especially about what I have to put into Box 10, perhaps I am exceptionally dim in not understanding all the other questions which are no doubt as clear as day to you.

For instance:

1. To whom should I make out the cheque?

3.. What order am I asking the court to make? One of adjournment?

4. Have I attached a draft of the order I am applying for? I do not know.

5. At a hearing or without a hearing? Without a hearing for the adjournment?

6. How long will the hearing last? Do they mean to decide whether togrant adjournment?

7. Details of fixed trial date? Presumably September 16th, 2015, at 12.00 noon?

8. What level of judge?

9. Who should be served with this application? I do not know, and hope you can tell me.

10. Box 10, you have already told me.

Expert:  Ash replied 1 year ago.
1. To whom should I make out the cheque?
HMCTS
3.. What order am I asking the court to make? One of adjournment?
The trial be vacated and relisted
4. Have I attached a draft of the order I am applying for? I do not know.
No, dont worry.
5. At a hearing or without a hearing? Without a hearing for the adjournment?
Without
6. How long will the hearing last? Do they mean to decide whether togrant adjournment?
Leave blank
7. Details of fixed trial date? Presumably September 16th, 2015, at 12.00 noon?
Yes
8. What level of judge?
District
9. Who should be served with this application? I do not know, and hope you can tell me.
Leave blank
10. Box 10, you have already told me.
If you have spoken with the other side and they agree, that will help. If you have include that document when you send it to Court.
Does that help?
Alex
Customer: replied 1 year ago.

Yes, thank you, Alex. All these details help enormously. One final thing:

"If you have spoken with the other side and they agree, that will help. If you have include that document when you send it to Court."

No, we are in no communication with the other side, who in fact hopes we will drop the entire proceeding, so that he will get away with the monies of which he has cheated us. Does this make a problem?

Adrian

Expert:  Ash replied 1 year ago.
No. In that case you need to rely on the Judge to adjourn, but they will want evidence, ie the GP note.
Does that clarify everything for you?
Alex
Customer: replied 1 year ago.

Yes, thank you, ***** ***** am just about to rate your service as excellent.

BUT I would like to print off the form N 244, and fill it in by hand, but they do not seem to allow me to do this without signing up to some service.

Is this standard practice?

Expert:  Ash replied 1 year ago.
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
Its free.
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already 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.

Dear Alex,

Thank you for asking, but, as a result of the valuable advice you gave me, I was able to complete Form 244 in a satisfactory mannner, and I have now sent it off to the Court Manager in Northampton. Only one thing gives me a little pause, and that is that I was unable to make contact with my associate's G.P., but I did obtain and send in a medical report from a prominent neurologist who knows his medical background and has treated him in a similar situation. If you think this will not be satisfactory, please do not tell me as I would rather not know, but will await a decision from the court whether they will grant an adjournment.

You may be sure I will keep your contact details by me - do I actually have them? - for any future problems which may arise.

Yours sincerely,,

Adrian

Expert:  Ash replied 1 year ago.
I think it may be of concern. A judge will usually want a note saying not fit to attend court.
Just start any questions for Alex W and I can pick those up there.
Thanks
Alex
Customer: replied 1 year ago.

Dear Alex,

Good to hear from you. I agree, you were most helpful in our recent dealings obtaining an adjournment with the Northampton Crown Court, when one of my partners was ill and could not attend on the prescribed date. He has recovered now, and the case has been referred to the Small Claims Court. Should we run into further difficulties I shall lose no time in contacting you again.

Yours sincerely,

Adrian

Expert:  Ash replied 1 year ago.
Thanks Adrian!

Alex