What happens at the call over and what do I have to do and say? If the other side are going to call for an adjournment do they have to submit an application to the registrar in advance? On the day of the hearing, can I approach the barrister for the other side and ask him if he is going to call for an adjournment so that I can be prepared? Can I write to the registrar in advance of the hearing and say that I would be opposing any adjournment? After the court hearing it is my intention to seek planning permission for the land. Can the other side prevent me from doing this as I believe that the other side is intending to proceed with a planning application.
1. A call over is only held so that the Registrar can see from the beginning what cases are going ahead and what cases aren't. Don't stress about it as any dispute about whether there should be an adjournment or not is generally decided immediately. If one side wants to submit further affidavit evidence, then this will be granted. Apart from that, there is normally no reason for an adjournment. Secondly, you can approach the barrister on the other side to hear from him what is his attitude to the case. Don't ask him if he will be seeking an adjournment. Ask him if he is ready to go ahead with the case. As the application is yours, then you are the moving party, the side who gets to speak first. Thirdly, dont write to the Registrar in advance to say you will be opposing an adjournment. The Registrar doesn't want to hear from you in advance. Just say it on the day itself, if the other side seeks an adjournment. There is an element of informality about it as it is only t o see how full the list will be for the Registrar.
2. Any party can seek planning permission in relation to land, whether they own it or not. Just because one side is seeking planning permission, this does not prevent another person from seeking planning permission in relation to the same land. Accordingly, regardless of whether the other side is applying for planning permission, you can apply as well. So just go straight ahead and apply for planning, if this is what you want to do.
If the other side do seek an adjournment in order to submit a replying affidavit, can I oppose that as it would be a great inconvenience for me having travelled 120 miles to attend court and staying over night in a hotel and my son having to travel and take time off of work? If they are given an adjournment, how much time will they be given to submit a replying affidavit to the court? Will we then have to go back before the registrar for a new date for a hearing?
3. Of course you can oppose an adjournment and on any basis you want. However, that does not mean that you will be successful in opposing one. As a general rule, if more evidence is sought to be adduced, the court will always allow it,as otherwise unfairness may result in the decision in the case. Normally, two or three weeks is given for an adjournment. The hearing then takes place on the adjourned date. There is no such thing as a new date for hearing. The case simply takes place on the date to which it is adjourned.
Barrister 17 years experience
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