The Supreme Court Costs Office

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.