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28 April 2021 / Stephen Gold
Issue: 7930 / Categories: Features , Procedure & practice , Civil way
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Civil way—30 April 2021

Witness sick: ADJOURN; party pregnant: ADJOURN; pre-pack protection; just a fiver to get into court; experts needed on EU Directive.

DON’T FORGET THE WITNESSES

Successfully appealing a trial adjournment refusal is about as hard as it gets. But it worked in Bilta (UK) Ltd (in liquidation) and others v Tradition Financial Services Ltd [2021] EWCA Civ 221 which is deserving of a welding to your Green Book and laptop screen. The issue on appeal was whether a five-week Business & Property Courts trial should be adjourned a fortnight before commencement on account of the medical condition of one of the appellant defendant’s witnesses. In going over, the trial would not come on until early or mid-2022, by which time there were excellent prospects for the witness to be able to attend. There were allegations of dishonesty against the witness. She wanted a judge to hear her. A factual finding adverse to her was likely to have a very significant impact on her future career, if not destroy it completely.

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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