Cochrane v Harbour Fund II LLP and the Viscount [2020] JCA 140A (20 July 2020)

Cochrane v Harbour Fund II LLP and the Viscount [2020] JCA 140A (20 July 2020)

The applicant's grounds for adjournment—pending English proceedings and representation difficulties—do not constitute sufficient reason to delay the hearing of an application for extension of time made years after the expiry of the appeal period. The applicant had access to case materials and the opportunity to...

Source-derived case information.

Citation
[2020] JCA 140A
Parties
Applicant: Dr Gail Alison Cochrane; First Respondent: Harbour Fund II LLP; Second Respondent: The Viscount
Jurisdiction
Jersey
Judgment Date
20 July 2020
Procedural Posture
Application for Extension of Time to Appeal / Interlocutory (adjournment Request Prior to Hearing of Extension Application)
Outcome
Adjournment request refused
Legal Topics
Extension of Time to Appeal, Adjournment of Hearing, Representation of Parties, Lien Over Documents
Civil Procedure Insolvency Extension of Time to Appeal Adjournment of Hearing Representation of Parties Lien Over Documents

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Parties

Dr Gail Alison Cochrane

Applicant

Harbour Fund II LLP

First Respondent

The Viscount

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Interlocutory (adjournment Request Prior to Hearing of Extension Application)

Legal Issues

  1. 1 Whether the applicant's request for adjournment of the extension of time application should be granted
  2. 2 Whether pending English proceedings or representation difficulties justify adjournment

Ratio Decidendi

The applicant's grounds for adjournment—pending English proceedings and representation difficulties—do not constitute sufficient reason to delay the hearing of an application for extension of time made years after the expiry of the appeal period. The applicant had access to case materials and the opportunity to secure representation, and any consequences of dismissing her advocate so close to the hearing date are her responsibility.

Court Disposition

Adjournment request refused

Orders

  • Application for extension of time remains listed for hearing on 28 July 2020