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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 13405
Experience:  25 years experience of all aspects of family law
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Kasare, united kingdom, I need to delay a court hearing. I

Customer Question

Hello Kasare
JA: Family law varies by state. What state are you in?
Customer: united kingdom
JA: Have you talked to a laywer yet?
Customer: I need to delay a court hearing. I gave my dates to avoid and these have been ignored, so I presume I need to make an application to the court
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just need a bit of advice on what form to look at
Submitted: 2 months ago.
Category: UK Family Law
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is the nature of the hearing and what is the cause of the delay?

Customer: replied 2 months ago.
Hello Clare
I am the defendant in a trial. In a directions order I was offered to send to the court "dates to avoid", (and was not ask to give reasons why) which I did. Three weeks later I received the trial dates and my avoid-dates have been ignored, but they are dates that suit the claimant and the witness's. I have written twice to the case manager, but received no reply. So now, I need to make an application to adjourn the dates. What form shall I use, an N244 ? how much is the fee and who do I write the cheque to ? and furthermore, what are my rights to change the trial dates, because I cannot make those dates . thanks max
Customer: replied 2 months ago.
Here is my statement to go with the right application form:In the Bournemouth and Poole County CourtCase No: B01BH579B E T W E E N:THE SECRETARY OF STATE FOR BUSINESS, INNOVATION, AND SKILLSClaimantAndMAX ALAN GOR***** ***** (2ND DEFENDANT)
RespondentSTATEMENT OF MAX ALAN GOR***** *****I, Max Alan Gor***** *****, of 3 Joshua Vista,***** Poole, Dorset, BH14 8HA, will say the following:1. I wish to apply to the court to adjourn the trial hearing dated the 25th, 27th, 28th October 2016 as I am unable to attend those dates2. In an order dated the 11th July 2016, Part 4 quoted: The parties shall file dates to avoid by 4pm 14th July 2016. The order did not ask for any reasons to be included why parties had quoted their dates to avoid (attached 1)3. On the 12.07.16, I hand delivered my letter to The Case Manager at Bournemouth Court and quoted my dates to avoid. My letter listed the dates of: 24.10.16 to the 04.11.16. I also copied this letter to the Claimant (attached 2)4. On the 23.07.16, I receive a Notice of Hearing stating that the trial was to be heard on the 25th, 27th, 28th October 2016 (attached 3)5. On the 26.07.16, I wrote back to Bournemouth Court stating that my “dates to avoid” had been ignored and I wanted to have the trial date re-listed (attached 4)6. Having seen copies of the dates to avoid, by all other parties, including the Claimant and the Witness’s, it seems that my dates are the only dates that have not been considered by Bournemouth Court7. My Application has good reasons why I cannot attend these trial dates and I would appreciate this detailed summary to be taken into account. I was not asked to give these reasons in the order dated the 11.07.16:On the 18th June 2016, my mother passed away after a year of cancer and we have yet to spread my mother’s ashes to three different places, upon her wishes. My sister lives in India and therefore my family decided to next re-gather over the school half-term, which is why I quoted the 24.10.16 as a start date to be avoided. My sister will fly in from India that weekend and the three children and nine grand-children will be on their school half-term holidays for that week, so we can all travel to the three venues together. This is also a time set for the probate to have been completed, so family meetings are also planned during the week of the 24th to the 28th October 2016. My sister then has to return to India, so none of these dates can be changed8. It seems that the Claimant’s and their Witnesses have had their dates considered from the documents I have seen, and none of the parties offers any reasons why their dates were to be avoided. However, I believe that my own dates requested have not been considered9. To conclude, now that I have given my detailed summary, I need Bournemouth Court to take a sympathetic and fair view, due to my reasons set out above, as these are family dates and meeting commitments that cannot be changed and I had made the court aware of my dates to avoid, by complying to the order dated the 11.07.16Statement of TruthI believe that the facts contained in this Statement are true and I understand it will be placed before Bournemouth CourtDated this 16TH Day of September 2016........................................................................
Max Alan Gor***** *****
Expert:  Clare replied 2 months ago.

Have you contacted the other side and asked of they will agree?

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