Adjournment of Trial

[caramelisedonions]

I have a trial date for my court case against my LL in a few weeks. But my mental health is very shaky and I don't think my lawyer has defended my case properly. I'm worried about

1)My ability to get through the trial.
2)How I will be affected if I lose.

I would think that after about 6 weeks my situation will have improved and I could stand trial.

I want to have the trial adjourned. It is for an eviction and a counterclaim. Is the judge likely to allow this? I'm pretty sure the other side won't agree. What would the medical evidence have to be?

Many thanks for any advice.

[caramelisedonions]

Anyone?

[slick132]

Hi CO,

If you have solicitors working for you on this, they should be able to ask the court for an adjournment.

I would think a letter from your GP, or other health care professional who is aware of your current condition, would be sufficient for you or your sol'r to ask for an adj't.

Your concerns about your sol'rs handling of the case is something you will have to raise with the sol'r. Better to do this sooner so you can reslove any issues or, if necessary, instruct a new sol'r.

[caramelisedonions]

The problem is that the solicitors are legal aid and a bit dodgy. They've messed things up and are trying to talk me out of an adjournment.

I suppose what I really want to know is: what is the likelihood of an adjourment being granted? What is the law the judge will consider and what will help him decide? I cannot get any straight answers from my solicitor and it may be a bit late to change.

[slick132]

Hi CO's,

You should trust, and be able to work with, your sol'r. If you can't, then you should change them although this may be dificult to do depending on the stage you are at in the proceedings.

If you CAN still work with them, they should take your instructions and seek an adjournment on your behalf. They will confirm how you can best justify this in terms of medical opinion from your GP, etc.