The plaintiffs had sought to claim against the defendants for tort of malicious prosecution The trial had been vacated once on the defendants paying costs, and they made a second application, saying that more days were needed. That application was granted, and the claimants now sought leave to appeal adjournment of the trial.
Held: The application had no prosepct of success and failed. Though applications to adjourn arising from a party’s delay were now to be granted less easily, this was a case which required a full and proper hearing. This was not to give the police a privileged status, but the nature of the claims required a full hearing, which was not available without the adjournment requested.
Judges:
Roch LJ, Wall J
Citations:
[1998] EWCA Civ 63
Jurisdiction:
England and Wales
Citing:
Cited – Beachley Property Ltd v Edgar CA 18-Jul-1996
Witness statements which had not been served in accordance with the rules were not be admitted. Courts are to adopt a far stricter approach to applications for adjournment based on lack of readiness for trial than hitherto: ‘I would like to make it . .
Cited – Joyce v King CA 6-Jul-1987
An appeal was made against a refusal of an adjournment.
Held: Although the question of whether to grant an adjournment is essentially a matter of discretion, only if the decision refusing to grant an adjournment was wholly wrong should the . .
Cited – The Mortgage Corporation Ltd v Sandoes and Others CA 26-Nov-1996
Where the Parties had fallen behind a court timetable, they should agree a new one which would not delay the trial. . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Litigation Practice
Updated: 13 November 2022; Ref: scu.143541
