Remedies to post pone the first hearing

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The court are encouraged to deal with all cases speedily, swiftly and justly so that there is no long term delay, as delay can impact on all parties and in particular any children that may be involved in the proceedings.

The decision to postpone any date is one based on judicial discretion, a matter for the judge having heard representations from all parties.

Any application to postpone a hearing will be judged on its on merits applying the interests of justice test.

Each party will be given the opportunity to be heard so as to ensure that no once is disadvantaged by the courts decision.

The court are likely to take into account your reasons for requesting the adjournment. A medical reason confirming ‘unfitness to attend court’ is likely to be accepted by the court.

Reason for requesting an adjournment other than on medical grounds are likely to be reviewed quite closely by the court. Factors to be considered will include

(1)The history of the case, how many it has been in court
(2) The stage of the proceedings, is it the first hearing or final hearing
(3) The impact that the postponement will have on all the other parties, witnesses, other professionals who may have eg booked time in advance to attend the hearing.
(4) If postponed, what would be the next available date - weeks postponement may be acceptable, months may not be.
(5) Any views the other parties may have on the request for the adjournment. Do they agree or oppose

If you do want to postpone the hearing make sure you write to the court giving as much notice as you are able to.

The court will seek views of all the other parties and make the decision having regard to the factors I have outlined above.

Advocate Siddhant Sharma LawRato