David Whitney is a solicitor and mediator. He has practised in the field of landlord and tenant law for about 20 years and has over the last 15 years developed a specialism in long residential leasehold work.
His work encompasses dealing with all aspects of landlord and tenant including dilapidations claims, repossessions, enfranchisement, lease extensions, RTM applications and service charge disputes to name a few.
In the past 12 months alone David has assisted over hundred flat owners to either purchase their freehold or extend their lease. David understands the, often, competing interests of differing parties and prides himself on giving clients pragmatic and commercial advice. Laura graduated from the University of Portsmouth in with a degree in Law with Business.
This year, Laura also completed the Legal Practice Course. Prior to joining PainSmith Solicitors, Laura worked for a local council. Sian graduated from the University of Portsmouth in Sian has an in-depth knowledge of possession proceedings and debt recovery. Richard came to PainSmith in August as a Paralegal after graduating with a degree in law from the University of Sheffield. Whilst working for PainSmith he completed the Legal Practice Course at weekends completed a training contract at the firm and has been taken on by the firm as a fully qualified Solicitor.
After receiving considerable training provided by PainSmith, Richard joined the legal helpline and has been one of the advisers on the helpline for over four years.
He has over five years of experience in Landlord and Tenant law and his normal work load ranges from case handling of possession matters, deposit disputes, drafting of tenancy agreements, advising on HMO properties and debt and disrepair claims. He is experienced in lengthy and complex litigation and settlement negotiations. Marveen Smith was one of the founders of PainSmith Solicitors in and has been the only Principal of PainSmith Solicitors a niche firm who are specialists in property law since If you feel foolish, the justification probably won't fly.
If it sounds reasonable, it's probably okay. If the reason you wish to delay a trial is related to the trial, the court is likely to view it as justified. For example, if your eye witness won't be back in the country until July and your court date is June, a request for a delay sounds very reasonable. Likewise, if the other side just turned over evidence to you that requires you to hire and consult with a new expert, the postponement is in the interests of justice and might be readily granted.
The caveat here is that you must not seek the delay because you haven't been diligent. A court may look favorably on a request for a three-week delay so that you can review evidence if you just got the evidence from the other side. However, you are not likely to get the delay approved if you have had the evidence for six months.
If you are seriously ill or a family member is seriously ill, a postponement request will likely be granted. Adjournment requests get more complicated where the other side does not agree.
For a variety of reasons, parties may agreed to adjourn a trial on consent. This correspondence may be important down the road if there is no consent. Contested adjournments are trickier to deal with, especially when they are sought close to trial. A decision on whether or not to adjourn a trial ultimately rests with the trial Judge. The decision is highly discretionary.
A Judge can impose terms of an adjournment, including costs and that the adjournment be peremptory on one or all parties, meaning that the the party requesting the adjournment or all parties will not be permitted a further adjournment barring exceptional circumstances beyond their control.
It is always best to at least consult with a BC family lawyer to know your chances of success in adjourning a family law trial. Serious Illness — Mental or Physical: saying you are feeling unwell is not enough. During litigation and family law trials, no one feels good.
It is filled with stress and anxiety and people generally hate being a part of it. That is why it is important to get it over and done with. Unless you are gravely ill and can back that up with multiple doctor letters and notes, forget about trying to adjourn it due to feeling unwell. Trust me, not one more second should be wasted anticipating a fight. The fight needs to end whether you will win or lose. And if you lose you will recover because we are made to recover.
But you will never get back the time you worried and lost sleep over anticipated conflict that is often only getting worse. Being out of Town: not a good reason to adjourn trial at all.
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