MICHAEL WILSON & PARTNERS LTD v EMMOTT & ORS

MICHAEL WILSON & PARTNERS LTD v EMMOTT & ORS

The application to adjourn on medical grounds is dismissed because it is unsupported by adequate medical evidence as required by established case law, and the circumstances of the hearing do not necessitate Mr Wilson's physical attendance. The application to admit further evidence in reply is also refused as no good reasons are demonstrated and judicial control at the hearing will ensure evidence is properly confined.

Parties
Applicant: Michael Wilson & Partners Ltd; Respondents: Emmott & Ors
Jurisdiction
England and Wales
Judgment Date
29 April 2022
Procedural Posture
Commercial / Interlocutory Application for Adjournment
Outcome
application dismissed
Legal Topics
Adjournment, Medical Grounds, Evidence Requirements, Case Management
Civil Procedure Adjournment Medical Grounds Evidence Requirements Case Management

Case Brief

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Parties

Michael Wilson & Partners Ltd

Applicant

Emmott & Ors

Respondents

Procedural Posture

Commercial / Interlocutory Application for Adjournment

Legal Issues

  1. 1 Whether the hearing should be adjourned on medical grounds
  2. 2 Whether further evidence in reply should be permitted

Ratio Decidendi

The application to adjourn on medical grounds is dismissed because it is unsupported by adequate medical evidence as required by established case law, and the circumstances of the hearing do not necessitate Mr Wilson's physical attendance. The application to admit further evidence in reply is also refused as no good reasons are demonstrated and judicial control at the hearing will ensure evidence is properly confined.

Court Disposition

application dismissed

Orders

  • Application to adjourn hearing on medical grounds is refused.
  • Application to admit further evidence in reply is refused.