Brampton v Rust & Anor

The application to adjourn was granted due to the defendants' funding difficulties and lack of trial preparation, which were understandable given the recent criminal proceedings. However, the adjournment was only allowed on condition that the defendants pay the claimant’s costs of the adjournment, as the application was made late and the claimant had been willing to facilitate asset realisation for legal funding.

Parties: Claimant: Brampton; Defendant: Rust; Defendant: Another
Jurisdiction: England and Wales
Judgment Date: 06 February 2008
Procedural Posture: Civil / Application for Adjournment of Trial
Outcome: application to adjourn granted
Legal Topics: Adjournment, Freezing Order, Trial Preparation, Costs

Civil Procedure Adjournment Freezing Order Trial Preparation Costs

Case Brief

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Parties

Brampton

Claimant

Rust

Defendant

Another

Defendant

Procedural Posture

Civil / Application for Adjournment of Trial

Legal Issues

1 whether the defendants' application to adjourn the trial should be granted due to funding difficulties caused by a freezing order and asset restrictions

Ratio Decidendi

Court Disposition

application to adjourn granted

Orders

trial adjourned and to be refixed in a window commencing 14th April 2008
defendants to pay claimant’s costs of the adjournment, summarily assessed and payable in short order