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 without diligence, but given the defendants' lack of preparation, the complexity of the case, and the human factors arising from recent criminal proceedings, 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
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, subject to payment of claimant's costs.
Legal Topics
Adjournment of Trial, Freezing Injunction, Costs, Relief From Sanctions
Civil Procedure Adjournment of Trial Freezing Injunction Costs Relief From Sanctions

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 funding difficulties allegedly caused by a freezing order and property restrictions.

Ratio Decidendi

The application to adjourn was made late and without diligence, but given the defendants' lack of preparation, the complexity of the case, and the human factors arising from recent criminal proceedings, 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, subject to payment of claimant's costs.

Orders

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