Adjourn Definition

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Determining plea before venue and mode of trial—checklist

Determining plea before venue and mode of trial—checklist • The legal advisor will read the charge to the defendant. • The legal advisor will explain that the defendant may indicate whether they would plead guilty or not guilty if the case proceeded to trial. • The legal advisor will explain that if the defendant indicated a guilty plea they will be treated as being convicted and may be committed to the Crown Court for sentence if the court regards its powers of punishment to be inadequate. • If the defendant indicates a guilty plea the court will proceed to consider whether they can be sentenced in the magistrates’ court or whether they should be committed to the Crown Court for sentence (see Practice Note: Committal for sentence). • If the defendant indicates a not guilty plea the prosecution and then the defence will be given the opportunity to make representations about where the trial should be. • The court will consider which mode of trial is appropriate. • If the...

Checklist for conducting a disciplinary hearing

Checklist for conducting a disciplinary hearing This Checklist provides a high-level overview of the issues that a manager should consider when conducting a disciplinary hearing. It is for general guidance only, and regard should be had to the employer’s own code of conduct and disciplinary and dismissal procedure. For more detailed information on how to prepare for and conduct a disciplinary hearing, see Practice Notes: How to plan and prepare for a disciplinary hearing and How to conduct a disciplinary hearing. See also Dismissal—misconduct checklist for employer [Archived]. • Preparation ◦ Carefully consider the company's code of conduct and disciplinary and dismissal procedure ◦ Ensure compliance with the Acas Code of Practice on Discipline and Grievance, and consider the Acas guidance: Discipline and grievances at work (July 2020) ◦ Review the investigation report ◦ Write to the employee prior to the hearing informing them that there is to be a disciplinary hearing (see Precedent: Letter—disciplinary procedure (2): to employee requesting attendance at hearing) and providing them with information on: ‣...

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Ireland—Methods of alternative dispute resolution

Ireland—Methods of alternative dispute resolution This Practice Note provides an overview and introduction to forms of alternative dispute resolution commonly used to settle disputes in Ireland: direct negotiation, mediation, adjudication, arbitration and conciliation. It provides an overview of the key features of these forms of alternative dispute resolution and the governing legislation, namely, the Mediation Act 2017 (Ireland) (MA 2017 (IRL)), the Construction Contracts Act 2013 (Ireland) (CCA 2013 (IRL)) and the Arbitration Act 2010 (Ireland) (AA 2010 (IRL)). Forms of alternative dispute resolution Alternative dispute resolution (ADR) provides a voluntary alternative to litigation to settle civil disputes. The most popular ADR methods used in Ireland will be well recognised to those practising in other common law jurisdictions: arbitration, mediation, direct negotiation and construction adjudication. The process of conciliation, commonly used in Ireland for the resolution of both employment and construction disputes, will often not be familiar to those who practice elsewhere. There is also modest use of other processes on the ADR spectrum, such as expert determination. Likewise, escalating...

Starting an appeal in the County Court or the High Court

Starting an appeal in the County Court or the High Court Scope of this Practice Note This Practice Note provides guidance on how to start an appeal in the County Court and the High Court. It focuses on filing and serving the appellant’s notice, including applying for an extension of time in which to do so. It also considers applications for permission to appeal in the High Court and County Court under the provisions set out on CPR PD 52B, including the ability of an applicant to request an oral reconsideration of the application for permission to appeal. Note that special provisions apply to appeals in contempt proceedings. For details, see Practice Note: Civil contempt proceedings—appeals, purges and discharge. The Practice Note contains guidance to the provisions contained within CPR PD 52B, which deals with appeals in the County Court and High Court, and supplements CPR 52 and the other practice directions under Part 52. This Practice Note should be read in conjunction with the general guidance...

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Order to convene creditor’s meetings for a scheme of arrangement

Order to convene creditor’s meetings for a scheme of arrangement Court Reference No:[ INSERT COURT REF. NUMBER] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES] [IN [INSERT LOCATION]] [ INSOLVENCY AND COMPANIES LIST (ChD)] OR [IN THE COUNTY COURT AT [INSERT LOCATION]] [BUSINESS AND PROPERTY COURTS LIST] OR [ IN THE HIGH COURT OF JUSTICE [CHANCERY DIVISION ] Insolvency and Companies Court Judge [insert name] [Insert date] In the matter of [Insert name of company] And In the matter of the companies act 2006 Order Upon the application by Claim Form dated [insert date] of [insert company name] (the Company) And upon hearing Counsel for the Company And upon reading the Claim Form and the evidence It is ordered that: 1 The Company do convene [a meeting OR [insert number] meetings] of Scheme Creditors (as defined in the scheme of arrangement proposed to be made between the Company and its Scheme Creditors pursuant to Part 26...

Irrevocable undertaking—shareholder—scheme of arrangement

Irrevocable undertaking—shareholder—scheme of arrangement The Directors [insert offeror's name] ([Offeror]) [insert address] [and] [The Directors] [[insert name of financial adviser] (the Adviser) [insert address]] [insert date] Dear Directors Proposed acquisition of [name of offeree] ([Offeree]) We understand that [Offeror] proposes to acquire (the Acquisition) [all] the issued [and to be issued] [ordinary] shares of [insert nominal value] each in [Offeree] (the Shares) for the consideration, and otherwise substantially on the terms and subject to the conditions, set out in the draft press announcement attached to this letter (the Announcement), subject to such amendments or additions to such terms and conditions as may be required by the City Code on Takeovers and Mergers (the Code), the Panel on Takeovers and Mergers (the Panel), the High Court of Justice in England and Wales (the Court) or any applicable law or regulation. We also understand that the Acquisition is expected to be implemented by way of a scheme of arrangement under...

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Coronavirus (Covid-19)—What happens in situations where an application needs to be heard before a certain date? Would the court be willing to provide relief if it is unable to arrange for an application to be heard?

Coronavirus (Covid-19)—What happens in situations where an application needs to be heard before a certain date? Would the court be willing to provide relief if it is unable to arrange for an application to be heard? The response of the courts to the coronavirus (COVID-19) pandemic has been patchy and confused. The position changes from day-to-day as to whether hearings should go ahead, whether they should be in person, and whether non-urgent cases should simply be adjourned or conducted remotely. At the time of writing the guidance suggests that where cases can be heard remotely, they will be—see: Coronavirus (COVID-19)-Civil and Family Courts guidance from Lord Chief Justice—LNB News 19/03/2020 93, and Coronavirus (COVID-19)—Guidance on telephone and video hearings updated—LNB News 19/03/2020 18, but the ability of the various court buildings to provide for this is highly questionable. In ongoing litigation there will be circumstances where a hearing is required within a particular time—for example an application to adduce expert evidence will be required to be heard before the trial....

The respondent in proceedings under the Children Act 1989 is unable to attend a dispute resolution appointment because of a holiday. What is the procedure to apply to adjourn the hearing and what are the grounds for seeking an adjournment?

The respondent in proceedings under the Children Act 1989 is unable to attend a dispute resolution appointment because of a holiday. What is the procedure to apply to adjourn the hearing and what are the grounds for seeking an adjournment? If a hearing has been listed in family proceedings, it can be possible for the hearing to be adjourned in circumstances whereby one party is unable to attend. As a first hearing dispute resolution appointment is an opportunity for parties to reach an agreement in proceedings, it is important that both parties are able to attend the hearing and the parties and their representatives must attend unless excused by the court. See Practice Note: Child Arrangements Programme—the procedure for section 8 applications, in particular section ‘First hearing dispute resolution appointment—weeks 5–6’. The court’s ability to adjourn a hearing arises from the provisions of FPR 2010, SI 2010/2955, Pt 1 as to the court’s case management powers. A comprehensive list of the court's general case management powers...

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Property Disputes weekly highlights—17 April 2025

This week's edition of Property Disputes weekly highlights includes: High Court decisions concerning a loan agreement found to constitute an enforceable, unregulated investment property loan, a claim for unjustified enrichment relating to work carried out on a residential property and analysis of the grant of an order for possession and sale due to the vesting of property in trustees, an appellant who was barred from pursuing a new claim for the first time on appeal, and an Upper Tribunal (Lands Chamber) decision concerning the First-tier Tribunal’s appearance of bias in raising and determining an unpleaded issue in contractual liability for service charges dispute. It also includes a Court of Appeal decision that disclosure by the court of an assessor’s evaluation of evidence is not required unless fairness demands it, a Country Court decision concerning the vesting of a new lease of a whole building that must be made on terms equivalent to the forfeited head lease, analysis of the treatment of principal secured debt under a mental health crisis moratorium,...

The English Court re-affirms the high hurdle that section 68 applications must overcome to set aside an arbitration award. (Collins and others v Wind Energy Holding Ltd)

Arbitration analysis: This case arises from a claim to set aside the final award in an LCIA arbitration, on the grounds of serious irregularity under section 68 of the English Arbitration Act 1996 (the ‘Act’). The claimants contended that the tribunal breached its duties under section 33 of the Act (‘Section 33’) by: (1) refusing to adjourn an evidentiary hearing to allow the claimants obtain legal representation and attend the hearing; (2) declining to admit and assess certain evidence tendered by the respondent in the arbitration; and (3) adopting an inappropriate approach to certain issues in the final award. In dismissing the claim and holding that no serious irregularity had occurred under section 68 of the Act (‘Section 68’), the court found that the claimants’ lack of legal representation was a self-inflicted consequence of their failure to take proper and prompt steps to vary a freezing order issued in related litigation proceedings. The court also concluded that it was the tribunal’s responsibility to determine the extent to which it needed...