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Peter Collins
Peter Collins,
Category: European Law
Satisfied Customers: 4420
Experience:  Barrister at Self Employed
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I have a case going through the small claims track and is at

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I have a case going through the small claims track and is at the stage of having a hearing assigned. A date has been set and Iam about to pay for the fee to progress.The defendants solicitor has this morning informed me that their main witness cannot attend as it is on the 23rd of December. They also said they will apply to have the case adjourned to January, can they do this? if I wish to progress with the date was is stopping the case from happening? I don't wish to drag this on further into the new year so ideally i'd refuse the request to move the date.
What are my options or what can they force through if anything?

Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

If their request to adjourn into the new year is a reasonable request due the availability of the witness, in all honesty the court is likely to grant the request - in the interests of the fair administration of justice.

I appreciate that you want the matter resolved but the court will most likely grant the adjournment.

If you incur any additional costs as a result you can ask for these to be paid to you though.

Can I clarify anything for you?

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If you have further questions, you can always come back to me.

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Customer: replied 3 days ago.
Hi, no I’m good with your answer thank you. I find it annoying to say the least as they are specifically requested to inform them of dates that they are not available.

Well they have applied to have it adjourned so will see what happens.

Thanks for your response.