Van Zuylen v Whiston-Dew & Anor

Van Zuylen v Whiston-Dew & Anor

The first defendant is permitted to attend the substantive hearing remotely due to his mental health condition, but future applications must be supported by proper medical evidence and the court will guard against unjustified delay.

Parties
Claimant: 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
Outcome
application granted
Legal Topics
Remote Attendance, Adjournment, Medical Evidence, Trial Arrangements
Civil Procedure Remote Attendance Adjournment Medical Evidence Trial Arrangements

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Parties

Baroness Jacqueline Van Zuylen

Claimant

Rodney Whiston-Dew

First Defendant/applicant

GBT Global Limited

Second Defendant/respondent

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether the first defendant should be excused from attending the substantive hearing in person due to ill-health and allowed to attend remotely
  2. 2 Adequacy of medical evidence supporting the application
  3. 3 Potential for further adjournment if medical evidence is insufficient

Ratio Decidendi

The first defendant is permitted to attend the substantive hearing remotely due to his mental health condition, but future applications must be supported by proper medical evidence and the court will guard against unjustified delay.

Court Disposition

application granted

Orders

  • The first defendant is permitted to attend the substantive hearing remotely via audio-visual link.
  • The hearing will be held at the Rolls Building with appropriate equipment.