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Advice needed which for to use to adjourn family hearing

8 replies

oreoxoreo · 02/08/2019 15:31

Hi, asking for my partner.
He has a final hearing in family court in 11 days.
He asked his solicitor to adjourn the hearing because his particular counsel is not available, the solicitor refused saying that's unlikely to be accepted.
Now he's run out or money and is faced either represent himself or make an application to adjourn the hearing on the basis due to no representation. He is hoping to source funds in the meantime and get his counsel to represent.

Which form he has to fill out, and how much to pay? Anyone, please?

OP posts:
oreoxoreo · 02/08/2019 15:43

Clearly, the topic should say 'form' instead of 'for'

OP posts:
Bishalisha · 02/08/2019 21:48

I doubt you’ll be granted the adjournment because counsel isn’t available that day- they should have checked their availability when the final hearing was being planned during the last hearing. I can’t imagine it will be granted based off the issue of funds either, plenty of people self represent in family court.

This is 11 days prior to the hearing, if an adjournment was granted and the other side has their barrister booked and prepped they will still have to pay their costs for that day. Is that fair on the other side?

2019user44 · 02/08/2019 21:51

It is unlikely to be granted but if he wants to make the application it is a D11 within financial remedy proceedings or a C2 within children proceedings. If you are going to apply on the basis of Counsel not being available you will need to set out whether dates to avoid were sent to the Court (this would generally be done if a party wanted continuity of Counsel).

oreoxoreo · 03/08/2019 09:39

Thank you. Very helpful.

OP posts:
oreoxoreo · 08/08/2019 16:57

So he filed for adjournment 8 days (delivered in person) before final hearing and now 4 days before final hearing he hasn't hear from the court yet. He is late filing his bundle because he hasn't got a solicitor to do it for him (run out of funds) and he is still hoping for adjournment.
The best course for action?

OP posts:
Collaborate · 08/08/2019 18:20

If the other side knows he's no longer represented they should be preparing the bundle (unless they too are unrepresented - give us a bit more help here OP - what kind of hearing is it? Money or children?).

He'll never get the hearing to adjourn listed in time unless he sent in a certificate of urgency or otherwise highlighted the urgency to the court. However I agree with the PP that he's highly unlikely to get the hearing adjourned and faces the worst possible options in 4 days time (presumably Monday?):

Either:

  1. The hearing isn't adjourned. He's ill-prepared and gives a poor account of his case. Loses badly.
or
  1. The hearing is adjourned but he has to pay thousands in a wasted costs order to the other side.

Best course of action is to simply knuckle down and prepare for the hearing. If he's no funds now then an adjournment isn't going to magic some up for him. If he couldn't get a loan 2 weeks ago he won't be able to get one in 2 months.

Anyway, just to reiterate, he's highly unlikely to get an adjournment.

oreoxoreo · 08/08/2019 21:07

Thank you so much.
It's children's final hearing.

Adjournment would help with the funds as he would be able to catch up with his payments for legal representation.

The court is aware about the urgency (he emailed, chased on the phone and delivered the application for adjournment by hand)
The other side have prepared the bundle, obviously very negative to him. The other side also said they would have agreed with the adjournment but now it's to late. They said as he doesn't have representation he would not be capable to prepare for the hearing and so would have a right to appeal what was meant to be the final order.

They also said they would seek to cover the costs if adjourned but I am not sure what is the extra cost - the bundle is the same whether next week or next month?

The bundle had to be submitted 5 working days prior. The other side has submitted. I understand he has to have position statement which I can help him to prepare over the weekend whilst the doc reading by the judge starts on Monday if not adjournment.

What a mess...

OP posts:
Crabonastick · 07/10/2019 15:57

What happened with this in the end?!

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