The tenants appealed a refusal to adjourn the landlord’s claim for payment of his service charge until a decision on their counterclaim as to his refusal to allow alterations necessary to install central heating. The parties had been unable to find an agreed expert. The judge said that an application should have been made to vacate the listing.
Held: The judge had erred in refusing the adjournment and making the particular order for costs.
Lord Justice Brooke (Vice President of the Court of Appeal, Civil Division) Lord Justice Dyson Lord Justice Carnwath
 EWCA Civ 1533
England and Wales
Cited – Moy v Pettman Smith (a firm) and another HL 3-Feb-2005
Damages were claimed against a barrister for advice on a settlement given at the door of the court. After substantial litigation, made considerably more difficult by the negligence of the solicitors, the barrister had not advised the claimant at the . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 04 July 2022; Ref: scu.237831