Brampton v Rust & Anor [2008] EWHC 216 (QB) (06 February 2008)

Brampton v Rust & Anor [2008] EWHC 216 (QB) (06 February 2008)

The application to adjourn was made late and not diligently, but given the unusual circumstances, including the defendants' recent criminal proceedings and lack of trial readiness, it would be unduly harsh to refuse the adjournment. The adjournment is granted on condition that the defendants pay the claimant's costs of the adjournment.

Citation
[2008] EWHC 216 (QB)
Parties
Claimant: Brampton; First Defendant: Rust; Second Defendant: Another
Jurisdiction
England and Wales
Judgment Date
06 February 2008
Procedural Posture
Civil / Application for Adjournment of Trial
Outcome
Application to adjourn granted
Legal Topics
Adjournment of Trial, Freezing Injunction, Preparation for Trial, Costs
Civil Procedure Adjournment of Trial Freezing Injunction Preparation for Trial Costs

Case Brief

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Parties

Brampton

Claimant

Rust

First Defendant

Another

Second Defendant

Procedural Posture

Civil / Application for Adjournment of Trial

Legal Issues

  1. 1 Whether the defendants' application to adjourn the trial should be granted due to alleged inability to prepare caused by a freezing order and asset restrictions

Ratio Decidendi

The application to adjourn was made late and not diligently, but given the unusual circumstances, including the defendants' recent criminal proceedings and lack of trial readiness, it would be unduly harsh to refuse the adjournment. The adjournment is granted on condition that the defendants pay the claimant's costs of the adjournment.

Court Disposition

Application to adjourn granted

Orders

  • Trial adjourned to a window commencing 14th April 2008
  • Defendants to pay claimant's costs of the adjournment, summarily assessed and payable in short order