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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.
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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?
I’ve just seen you say he is getting better, therefore he may well have’ capacity’. Do you think he does?
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.
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)
Someone can do it for him, but he will need to understand it and sign it.
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.
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.
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.