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An expert report deadline expired yesterday without an express sanction, the expert cannot attend next week's hearing, and the applicant wants the hearing moved. Identify which orders are needed—extension, relief from sanctions, adjournment or a combination—by separating expiry, any operative sanction and movement of the hearing date.
Moving a product-liability trial would postpone it for six months. The claimant says a newly discovered test record is essential; the defendant's witnesses have arranged travel, and the lost listing cannot readily be replaced. Balance fair presentation, expedition, proportionate cost, party prejudice and court resources under the overriding objective.
You appear for a claimant seeking to adjourn next week's construction trial because its engineering expert will be abroad. The claimant knew of the absence eight weeks ago but applied only yesterday. Explain how that chronology bears on promptness, avoidability, prejudice and the asserted need for an adjournment.
You appear for an injured claimant seeking to move next week's trial because the treating consultant is unavailable. The defendant's witnesses have already travelled, and the next listing is six months away. Identify the concrete prejudice to each side under both granting and refusing the adjournment.
You appear for a defendant opposing adjournment of a construction trial. The claimant's causation expert is abroad, but remote evidence has not been explored. The judge asks, 'Would refusal prevent the claimant from proving causation?' Answer directly and propose directions that preserve the trial while permitting the expert evidence.
The judge grants a seven-day extension for a causation report but insists that trial remain fixed; the respondent has incurred GBP 3,000 in wasted preparation. Formulate the shortest revised timetable, remote or sequenced expert evidence, preservation of the trial date and an appropriate wasted-costs condition.
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