Appeal against a decision NOT to adjourn

Hi ...

Wonder if I can call upon the collective wisdom of the good folks on this forum, please ?

Brief outline ... had a trial scheduled for 13th Jan (last Friday) after an unsuccessful FDR and FH.

Unfortunately, I have a 26 year history of depressive illness and the past couple of months have been particularly difficult. I have some real good days, some average days and some really, REALLY bad days.

Just before Christmas, I had to go to the GP and was medicated. I contacted the Court and asked how I requested an adjournment (until I was in a place, mentally, where I could 'perform' and produce coherent thoughts, at least (I was self-representing)!). They came back and said they needed a formal request for adjournment and medical evidence in support, outlining what I was being treated for, the treatment itself and prognosis.

My GP is a German national and went home for Christmas and New Year. Her first day back at work was 9th January. I saw her that day and asked for said medical evidence and she arranged for a letter to be produced. Unfortunately, it wasn't available on the Wednesday (11th January) but I managed to have it picked up on Thursday 12th January first thing and delivered to the Court Office.

Stupidly, I believed the Court would contact me in due course with a relisted trial date, having provided what they asked for ... but actually, they decided to email me (pretty clever, as I've been waiting until yesterday to have the Internet installed into the property) - and tell me that "the medical evidence doesn't say he can't attend. Request to adjourn refused. Hearing to proceed" ... which it did, the following day, without me there !!!

Interestingly, when I actually got to pick up my email yesterday, there was one from my ex-wife's solicitor, timed at 12:27pm, thanking me for letting them know I'd requested an adjournment but that the Court had advised the Hearing would be going ahead ... and yet the Court didn't email me until 2:57pm that afternoon to notify me !!

Anyhow, long story short, the Hearing went ahead, the Court awarded her the house, I get half the equity and have to pick up 50% of the costs.

My gripe is not the decision of the Hearing - it is what it is and I've read enough to know it's not worth appealing against that - but the decision not to adjourn in the first place ! I provided exactly what the Court asked for; had they made it clear they also required a statement of my capacity to attend, I'd have made sure they got that too.

However, I feel like I've been completely denied the opportunity to put across my side of the argument, challenge some of the outright lies my ex has fed the Court (and which I have evidence to prove) and have been summarily 'stuffed' - through poor timing, rubbish requests and a complete disregard for personal circumstances.

I know it's a kind of "you pays your money, you takes your choice" situation but, on balance, do you reckon I should appeal ? Or just swallow the whole thing and accept it gracefully ?

I'd be grateful for your thoughts please, folks (and yes, today IS a good day !!)

Guy

It's only the final outcome which matters really. If you don't dispute it, what's the point? The process is only a means to an end.

Hi totallyexhausted,

I think you have missed the boat re an appeal as you have 14 days from the date of decision to lodge an appeal. If you want to appeal after 14 days you must apply for leave to appeal. This is all bad news for a self-repper.

You say you don't want to appeal the outcome but the decision not to adjourn. I agree with jonathancj - frankly that is a waste of time, effort and money. Yes, they have treated your person with a certain amount of offhand disregard and I can understand that that may hurt and inflame but that is life; bits of which can be really, really bad sometimes.

If on the other hand you feel that your inability to attend has prejudiced your fair treatment then you need to get in contact with the court to ask about the appeals procedure.

It depends on whether your case was heard by a district judge, judge at county court, the principal registry in Holborn, high court etc.

Think carefully on it please - if you can stand the decision, leave it.

Good luck!

YA