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Category: Law
Satisfied Customers: 129
Experience:  Expert
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My brother has a civil case against him regarding a dispute

Customer Question

My brother has a civil case against him regarding a dispute with his neighbours. The court date is 7th June. He has been detained under the mental health act since January 21 for psychosis and mania.
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: he’s not got a lawyer at the moment because he sacked his solicitor when he was very sick How do we adjourn the case until he is recovered?
JA: Where is the property located?
Customer: London, UK
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I’m not sure
Submitted: 13 days ago.
Category: Law
Customer: replied 13 days ago.
He is getting better and may be discharged soon. His medical team have told him he should refrain from stressful activity until he is fully better.
This dispute has contributed to his mental health crisis
Expert:  ChrisB4147 replied 13 days ago.

Hi, thanks for the question.  I’m Chris and I’m a Solicitor in litigation/family matters. I will be happy to assist you and hope to provide a full response as quickly as possible.

This is a question and answer service rather than an instant chat service, and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can.

I’m very sorry to hear about your brother and the station you are in. You are correct to say the there should be an adjournment application as the case could proceed in his absence. However, he may not  have capacity to make an application. Does anyone have Power of Attorney for him?

Customer: replied 13 days ago.
No power of attorney
Customer: replied 13 days ago.
He should regain capacity when better
Expert:  ChrisB4147 replied 13 days ago.

I’ve just seen you say he is getting better, therefore he may well have’ capacity’. Do you think he does?

Customer: replied 13 days ago.
Customer: replied 13 days ago.
But only just
Customer: replied 13 days ago.
He’s not been able to do any preparation as been sick unwell. The medical team think he will be v unwell again if this case happens so soon
Expert:  ChrisB4147 replied 13 days ago.

He will need to make an application with an N244 form. Found here it will need to contain a statement about his circumstance and a court will need to have an idea of when he would be ready to continue.

Customer: replied 13 days ago.
Who fills this in?
Expert:  ChrisB4147 replied 13 days ago.

Any medical evidence should also be included. He will need to fill it in if he can (which is why I asked about his capacity to do so)

Expert:  ChrisB4147 replied 13 days ago.

Someone can do it for him, but he will need to understand it and sign it.

Customer: replied 13 days ago.
Ok thank yiu
Customer: replied 13 days ago.
Can his social worker fill it in for him?
Expert:  ChrisB4147 replied 13 days ago.

Yes, but he will need to sign everything. Therefore it’s important he understands what is happening and the information he is giving to the court.

Customer: replied 13 days ago.
On the form- what kind of hearing would he need for this?
Customer: replied 13 days ago.
how many copies do we submit? Is it two copies- one for court and one for claimant?
How much is the fee?
Expert:  ChrisB4147 replied 13 days ago.

I would ask for it without a hearing so that the court can deal with it simply by the papers. If enough information is provided with a statement and medical evidence and it could be that there is no need for a court hearing. It will be up to the judge to decide whether there should be one or not.

You will need to submit three copies. One for the court, one for the claimant and one to come back to you. Cost is £255. You may want to see whether the claimant agrees to an adjournment. If so, you can indicate this to the court and the fee will be £100. However I suspect the claimant may not agree and the court is always very reluctant to move a final hearing unless in exceptional circumstances. I would think that these are exceptional circumstances.

Customer: replied 13 days ago.
Thank you. And who do I send this form to?
Expert:  ChrisB4147 replied 13 days ago.

You only need to send them to the court, but you can send a copy to the claimant so they know what you are doing.

I hope I’ve provided the information you were seeking? If you need more help, please let me know so l can continue to assist you. Otherwise, thank you for using JustAnswer. All the best and hope the matter gets resolved.