WHEN SHOULD A COURT GRANT AN ADJOURNMENT ON MEDICAL
GROUNDS?
The English High Court considered this question recently in a
case involving a lay litigant who alleged that a cognitive
impairment meant that he was unable to properly conduct the
proceedings (Decker v Hopcraft).
The decision offers valuable guidance for courts and parties faced
with similar applications. Though not binding on the Irish courts,
it may be of persuasive authority.
BACKGROUND
In the substantive proceedings, the claimant, a lay litigant, is
suing the defendant for defamation. In September/ October 2014, the
defendant sought an order striking out certain parts of the claim
and directing a trial of preliminary issues. The defendant's
applications were initially scheduled to be heard on 10 December
2014. However, the lay litigant made repeated requests for
adjournments, citing medical reasons. The defendant consented (or
at least did not oppose) the first two requests and the hearing
