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Breakdown before attending Final Hearing

(2 Posts)
noteabagsintoilet Wed 10-Aug-16 14:35:53

what happens if my mental health deteriates to such a state that i am unable to cope with the final hearing - it is listed for 2 days. My case is complicated & nasty I have issues with my legal team and i have 6 weeks til this - i am already on maximum antidepressants - have had one final hearing adjourned and i am now being referred for an ECG as I am having funny turns and keep falling over. I have had a breakdown or PTS disorder before. I want this over but if it is not done right i am going to suffer financially.

Familylawsolicitor Wed 10-Aug-16 16:58:34

You will need medical evidence to adjourn the hearing but the court may not accept it and the hearing may go ahead without you there

Here's an extract from some relevant case law which is discussed in this lawyer's blog

Ignore the stuff about his client who faked a doctors letter at the start but the relevance as to what medical evidence a court which actually require starts about half way down

Can the Appellant demonstrate on this appeal that he had good reason not to attend the hearing (as he would have to do under CPR 39.5)? In my judgment he cannot. The Appellant was evidently able to think about the case on 24 May 2011 (because he went to a doctor and asked for a letter that he could use in the case, plainly to be deployed in the event that an adjournment was not granted): if he could do that then he could come to Court, as his wife did. He has made no application to adduce in evidence that letter (and so has not placed before the court any of the factual material necessary to demonstrate that a medical report could not with reasonable diligence have been obtained before the hearing before the Registrar). But I will consider that additional evidence. In my judgment it falls far short of the medical evidence required to demonstrate that the party is unable to attend a hearing and participate in the trial. Such evidence should identify the medical attendant and give details of his familiarity with the party’s medical condition (detailing all recent consultations), should identify with particularity what the patient’s medical condition is and the features of that condition which (in the medical attendant’s opinion) prevent participation in the trial process, should provide a reasoned prognosis and should give the court some confidence that what is being expressed is an independent opinion after a proper examination. It is being tendered as expert evidence. The court can then consider what weight to attach to that opinion, and what arrangements might be made (short of an adjournment) to accommodate a party’s difficulties. No judge is bound to accept expert evidence: even a proper medical report falls to be considered simply as part of the material as a whole (including the previous conduct of the case). The letter on which the Appellant relies is wholly inadequate.

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