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23 March 2012
Issue: 7506 / Categories: Case law , Law digest , In Court
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Practice

Burn and others v Ministry of Justice [2012] All ER (D) 85 (Mar)

In determining whether the defendant was entitled to an adjournment in order to call a witness, the starting point was the overriding objective with the court having to ensure that the parties were on an equal footing; that the case was dealt with proportionately, expeditiously and fairly; and that an appropriate share of the court’s resources was allotted, taking into account the need to allot resources to other cases. A court when considering a contested application at the eleventh hour to adjourn the trial, should have specific regard to: (a) the parties’ conduct and the reason for the delays; (b) the extent to which the consequences of the delays could be overcome before the trial; (c) the extent to which a fair trial may have been jeopardised by the delays; (d) specific matters affecting the trial, such as illness of a critical witness and the like; and (e) the consequences of an adjournment for the parties and the court.
 

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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