Preferred Mortgages Lted v Jackson (Rev 1) [2017] NICA 60 (16 October 2017)

Preferred Mortgages Lted v Jackson (Rev 1) [2017] NICA 60 (16 October 2017)

The appellant's medical evidence was inadequate to justify an adjournment for oral hearing, but given her incapacity and the suitability of the issues for determination on the papers, the court exercised its discretion to grant an adjournment and direct that the appeal be determined on written submissions.

Citation
[2017] NICA 60
Parties
Plaintiff/respondent: Preferred Mortgages Limited; Defendant/appellant: Dolores Christine Jackson
Jurisdiction
Northern Ireland
Judgment Date
16 October 2017
Procedural Posture
Appeal / Application for Adjournment of Appeal Hearing
Outcome
Application for adjournment granted; appeal to be determined on the papers.
Legal Topics
Adjournment of Hearings, Possession Proceedings, Medical Evidence in Litigation
Civil Procedure Property Law Adjournment of Hearings Possession Proceedings Medical Evidence in Litigation

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Parties

Preferred Mortgages Limited

Plaintiff/respondent

Dolores Christine Jackson

Defendant/appellant

Procedural Posture

Appeal / Application for Adjournment of Appeal Hearing

Legal Issues

  1. 1 Whether the appellant's medical evidence justifies an adjournment of the appeal hearing
  2. 2 Whether the appeal should be determined on the papers due to the appellant's incapacity

Ratio Decidendi

The appellant's medical evidence was inadequate to justify an adjournment for oral hearing, but given her incapacity and the suitability of the issues for determination on the papers, the court exercised its discretion to grant an adjournment and direct that the appeal be determined on written submissions.

Court Disposition

Application for adjournment granted; appeal to be determined on the papers.

Orders

  • The application to adjourn is granted.
  • The appeal will be determined on the papers.