England and Wales High Court (Senior Courts Costs Office) Decisions

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You are here: BAILII >> Databases >> England and Wales High Court (Senior Courts Costs Office) Decisions >> Fox v Graham Group Plc [2002] EWHC 9031 (Costs) (26 July 2002)
URL: http://www.bailii.org/ew/cases/EWHC/Costs/2002/9031.html
Cite as: [2002] EWHC 9031 (Costs)

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This summary of a judgment has been obtained from the Supreme Court Costs Office pages on the HM Courts Service web site. The citation used by BAILII is not an officially approved citation. The full text of the judgment may have an official Neutral Citation issued by the court, and may be available elsewhere on BAILII.

 

 

 No.18 of 2002

Fox v Graham Group Plc
26 July 2002
Mr Justice Neuberger

This was a bankruptcy case, which is mentioned here because of the dicta of the Judge as to the proper approach to be made where a litigant in person fails to attend on his application/appeal but seeks an adjournment.

The Judge said that a careful balancing act had to be carried out, but unless the appeal/application is, on its face, totally hopeless then a Judge hearing such application/appeal ought, in the ordinary course of events, grant one adjournment provided good reasons for such an adjournment had been provided (eg, medical evidence etc).

On the facts of the particular appeal the Judge held that the appeal was bound to fail, and it would therefore be unfair to the Respondent to adjourn it, even though there were good grounds for granting an adjournment, and he accordingly refused an adjournment and dismissed the appeal.