Too ill to attend court, can anyone help?

[busby1977]

Hi,

I am currently taking someone to court over an ebay dispute. The date is this Thursday the 8th. I am however too ill to attend and have been told by my doctor that I need complete bed rest for the next 7 days (serious pregnancy complications) and the court is a good 2 hour drive away.

Is it too late to get the hearing adjourned? The doctor said he would be able to supply a letter if needs be.

Thanks

[stevemLS]

Re: Too ill to attend court, can anyone help?

You need to get the letter from the doctor, tomorrow, and get it with a covering letter to the court, again tomorrow if you possibly can, explaining and seeking an adjournment.

Assuming you are a litigant in person don't worry too much about it being a formal application, the courts are more lenient with unrepresented parties.

Send a copy to the other side - email scans are fine. Ask them to agree and if they do, send a copy of their agreement to the court.

It may well be rejected though so don't be too surprised - sorry but that is the best I can suggest at this stage.

[busby1977]

Re: Too ill to attend court, can anyone help?

If the court refuse it and a hearing takes place in my absense, can I then apply to get the judgement set aside (assuming it doesnt go in my favour)?

[stevemLS]

Re: Too ill to attend court, can anyone help?

No, being unable to attend would not be grounds to set it aside. Sorry.

[MissFM]

Re: Too ill to attend court, can anyone help?

Would you be able to get a solicitor to represent you? Or (and I don't know if this is permissible, others here will) is there someone else competent & robust who could represent you in court?

[stevemLS]

Re: Too ill to attend court, can anyone help?

No, Miss FM, it would have to be someone with rights of audience to represent OP, essentially a solicitor, barrister or Chartered Legal Exec.

Even in the small claims track where lay representation is permitted, they can't do so if the party does not attend (PD 27 3.2).

Same PD 6.2 permits the court to adjourn where a party wishes to attend but cannot do so with good reason. OP - mention that in your letter to the court - Practice Direction 27, paragraph 6.2)