Van Zuylen v Whiston-Dew & Anor [2021] EWHC 1455 (Ch) (27 May 2021)

The court accepts the evidence of Mr Whiston-Dew's mental health difficulties and grants his request to attend the substantive hearing remotely, balancing the need for reasonable accommodation with the imperative to avoid unjustified delay. The court orders costs in the case, not a separate costs order for this application.

Citation: [2021] EWHC 1455 (Ch)
Parties: Claimant/respondent: Baroness Jacqueline Van Zuylen; First Defendant/applicant: Rodney Whiston-Dew; Second Defendant/respondent: GBT Global Limited
Jurisdiction: England and Wales
Judgment Date: 27 May 2021
Procedural Posture: Civil / Interlocutory Application Regarding Attendance at Substantive Hearing
Outcome: Application granted
Legal Topics: Remote Attendance, Adjournment, Medical Evidence, Costs

Civil Procedure Remote Attendance Adjournment Medical Evidence Costs

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Parties

Baroness Jacqueline Van Zuylen

Claimant/respondent

Rodney Whiston-Dew

First Defendant/applicant

GBT Global Limited

Second Defendant/respondent

Procedural Posture

Civil / Interlocutory Application Regarding Attendance at Substantive Hearing

Legal Issues

1 Should the first defendant be excused from attending the substantive hearing in person due to ill-health?
2 Should the hearing proceed remotely or be adjourned further?

Ratio Decidendi

Court Disposition

Application granted

Orders

First defendant permitted to attend substantive hearing remotely via audio-visual link
Hearing to be held in Rolls Building with appropriate equipment