The defendant applied for leave to appeal against a refusal to allow a hearing date to be vacated. The judge had refused on the basis of an earlier ‘hostile’ order that no further applications for adjournment should be granted. The judge had been unaware of the context of that order, and had failed properly to allow for the fact that the court’s time was already overbooked. The issue of prejudice was the predominant one, and it was a case in which leave should be granted, and the hearing date be vacated.
Citations:
[1997] EWCA Civ 2348
Jurisdiction:
England and Wales
Litigation Practice
Updated: 12 April 2022; Ref: scu.142746