Fitzroy Robinson Ltd v Mentmore Towers Ltd
Citation: (TCC); [2010] C.P. Rep. 15; 128 Con. L.R. 91; [2009] All E.R. (D) 89 (Dec)
Nature of case:
At the Pre-Trial Review stage, Mentmore Towers applied for the trial of Fitzroy Robinson’s claim to be adjourned, in light of the fact that joint expert evidence had not yet been prepared. Coulson J taking the view that the delays that had occurred were the fault of Mentmore Towers, and could be overcome soon enough to keep the current trial date, dismissed the application.
Coulson J also offered some guidance on the appropriate approach to be taken in considering an 11th hour application to adjourn:
(a) The parties’ conduct and the reason for the delays;
(b) The extent to which the consequences of the delays can be overcome before the trial;
(c) The extent to which a fair trial may have been jeopardised by the delays;
(d) Specific matters affecting the trial, such as illness of a critical witness and the like;
(e) The consequences of an adjournment for the claimant, the defendant, and the court.
