Can ExH reject court dates because he cant get a barrister for that date?

[Namechanger2015]

I'm going through a long, complicated difficult divorce. We received dates for a final hearing from the courts back in October. The hearings are to be in Jan and Feb 2017. In Feb we have a 3-day evidence gathering hearing

Since then my sol went back to the judge a few times because the hearings were listed incorrectly (as an FDR and not a PTR, and evidence-gathering hearing was listed as a final hearing) but the judge refused to change this and on barristers advice we relented and have accepted these dates but have asked for them to be listed appropriately.

We are then waiting for a date for a final hearing and have submitted dates to avoid.

ExH is a litigant in person and has been kept fully in the loop by my sol. He also received the dates in Oct and was asked for dates to avoid etc. Presumably he only informed his barrister of the dates his week and she is not available.

Yesterday he emailed my sol and the court manager and said he rejects these court dates because his barrister is not available and he can't find a replacement (they have all said there is not enough time for them to take on the case and prep before the Jan hearing because of the Xmas break). Therefore he says there is an imbalance in legal representation and he wants to reject these court dates.

Is this something the courts are likely to grant?

The court order from our last hearing stated this case needs to be seen as soon as possible because of exhs continued efforts to disappate funds. And recommended changing courts to speed things up. So I don't have any further experience with this new court apart from that they seem to be v slow/inflexible which might be a good thing for me.

I've deliberately left out further context to this as the courts won't be seeing it and I guess decision will be based on above.

Just to add - I also had to change my barrister for the final hearings as mine was not available, ex seems to think he is not able to change his one. Should I let the courts know this to counter his request?

Judges generally don't like to delist stuff, and I don't think anyone would believe there are no barristers to be had, not even for ready money.

If I were your solicitor, I'd write in saying

A) no
B) he should have booked her sooner
C) the order says no pissing about
D) he is just pissing about
E) aw diddums.

Obviously I'd say them in proper grown up lawyer expressions. But the judge would know that was what I'd really said.

I am a solicitor and from now on I will be using the (a)-(e) list put forward by MrsBertBibby in all my cases where it is warranted!

Thank you so much my sol has done exactly that!

I have been so worried that we will haveyet another delay but sol thinks courts won't entertain the idea.

Helpfully ex emailed the court directly to complain about the dates and attached my sols correspondence to him, which clearly stated the court dates and asked him for dates to avoid etc. So sol is fairly happy with this as it supports us rather than him.