Can you tell me how much notice should the high court have to give a client (my self) before a court case.
Province/Country relating to question : England
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What kind of court case please?
the trustee is going to court to try and get a force sale on my property due to my bankruptcy, the court said they will try and slot in the case if there are any gap because the trustee left it to late.
i am awaiting your reply to my question
Thanks. In what way has the trustee "left it too late"?
to apply to the high court for force sale due to my three years finish in three weeks time
You should normally be given at least 21 days notice of any hearing unless you and the trustee have agreed otherwise. However it is possible for the court to vary this under the judges case management powers if he thinks it is reasonable to do so.
Therefore it is worth keeping in regular contact with the court once a week to ascertain the position with regards XX XXXXX workload and proposals for listing your hearing
I have no agreement with the trustee. This do not give me enough time to instruct a barrister to act on my behalf.
Normally you are given longer than this but 21 days is the minimum period of notice that should be given.
I would suggest if you propose to insturct representation to do so as soon as possible if you are aware that an application has been lodged with the court. This will maximise the opportunities for pre haring negotiations and time fo your representative to prepare for any hearing.
But the barrister would want to know the date of the hearing which I can not give, also they might not be available on the day of the court case due to not having a date.
You can explain the position to the barrister. If they advie that you should delay instructing them until a date is confirmed in the circumstances then you can consider that advice. If your barrister s not available on the date proposed an application can be made to vacate the hearing date in favour of another on the basis of your barristers or your availability.
thank you I wan't aware of that.
LL.B (Hons), Prof Dip Law & Practice. 9 years experience in private practice in England
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