Axnoller Events Ltd v Brake & Anor [2021] EWHC 982 (Ch) (21 April 2021)

Axnoller Events Ltd v Brake & Anor [2021] EWHC 982 (Ch) (21 April 2021)

The interests of justice require adjournment of both trials because the Brakes, through no fault of their own, lack legal representation and Mrs Brake is medically unfit to act as advocate or witness within the current timetable. The adjournment is necessary to ensure a fair trial, outweighing inconvenience to the other party.

Citation
[2021] EWHC 982 (Ch)
Parties
Claimant: Axnoller Events Limited; Defendant (e00 Ye350), Claimant (f00 Ye085): Nihal Mohammed Kamal Brake; Defendant (e00 Ye350), Claimant (f00 Ye085): Andrew Young Brake; Claimant (f00 Ye085): Tom Conyers D'Arcy; Defendant (f00 Ye085): The Chedington Court Estate Limited
Jurisdiction
England and Wales
Judgment Date
21 April 2021
Procedural Posture
Civil (property/trusts/probate) / Interlocutory Application for Adjournment of Trial
Outcome
Application for adjournment granted
Legal Topics
Adjournment of Trial, Possession Proceedings, Eviction Proceedings, Medical Grounds for Adjournment, Litigants in Person, Overriding Objective
Civil Procedure Property Law Adjournment of Trial Possession Proceedings Eviction Proceedings Medical Grounds for Adjournment Litigants in Person Overriding Objective

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Parties

Axnoller Events Limited

Claimant

Nihal Mohammed Kamal Brake

Defendant (e00 Ye350), Claimant (f00 Ye085)

Andrew Young Brake

Defendant (e00 Ye350), Claimant (f00 Ye085)

Tom Conyers D'Arcy

Claimant (f00 Ye085)

The Chedington Court Estate Limited

Defendant (f00 Ye085)

Procedural Posture

Civil (property/trusts/probate) / Interlocutory Application for Adjournment of Trial

Legal Issues

  1. 1 Whether the forthcoming possession and eviction trials should be adjourned due to the Brakes' lack of legal representation and Mrs Brake's medical condition
  2. 2 What terms, if any, should be imposed as conditions of adjournment

Ratio Decidendi

The interests of justice require adjournment of both trials because the Brakes, through no fault of their own, lack legal representation and Mrs Brake is medically unfit to act as advocate or witness within the current timetable. The adjournment is necessary to ensure a fair trial, outweighing inconvenience to the other party.

Court Disposition

Application for adjournment granted

Orders

  • Possession trial relisted for three weeks from 6 September 2021 before HHJ Paul Matthews
  • Eviction trial relisted for three weeks from 4 October 2021 before HHJ Paul Matthews, with a one-week gap between trials