Why are cases adjourned

Though you might expect this crisis to be a good reason for a court to adjourn, a string of recent cases show courts requiring parties to press on. So what is a good excuse for adjournment and how can you manage the risk that your proceedings will continue? The court decides whether or not to adjourn proceedings, even where all parties agree. The test is a broad one of "fairness" and any "prejudice" to the parties. While courts look at this on a case-by-case basis, here are some common reasons to seek an adjournment and what courts have said about them:.

Courts are seeing many requests to delay proceedings for COVID-related reasons such as overseas witnesses, complaints about technology, and the remoteness of legal teams. While individual cases may provide good reasons to adjourn, the general "COVID excuse" will not be enough.

As one judge said:. It is not feasible nor consistent with the overarching concerns of the administration of justice to stop the work of the courts for such a period. Nor is it healthy for the economy. A prolonged cessation of business will be very poor outcome.

Refine results. Search by. Home Summary Offences First appearance in Court. Adjournments : Last Revised: Thu Jun 16th The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice.

The solicitor stated that he was acting for the defendant and that she was a lady approaching 80 years old. It was the first listing for trial, and the criminal damage related to a neighbour dispute. The magistrates were told that the defendant was very concerned regarding the weather, because it was freezing around her house and the road, and she had no electricity.

She was living by herself with no close family. The solicitor further wrote that he was stuck in his home, which was in Pwllheli, and that it was freezing hard. He said he was a distance away from the main road, which had been gritted, and although he could leave his house, he was not feeling comfortable in venturing out. Almost unbelievably the court refused the defence adjournment and the defendant was convicted in her absence.

So, the simple adjournment, in the wrong hands can go terribly wrong. That is why we train all of our advocates to never take an application for granted and ensure the best advocacy is always deployed on your behalf.

We have a team of highly trained and dedicated solicitors who understand the case for an adjournment. Contact or contact us for more details. Facebook Twitter. The Case Law in Relation to Adjournments The case law in relation to adjournments is well known, or at least ought to be. In Crown Prosecution Service v Picton, the High Court detailed the factors that a court ought to focus on: a A decision whether to adjourn is a decision within the discretion of the trial court.

What could possibly go wrong? How we can assist We have a team of highly trained and dedicated solicitors who understand the case for an adjournment. Search for:. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits.

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