This Practice Note considers the power of the court to Adjourn a hearing under CPR 3.1(2)(b) and a party’s ability to apply for such an adjournment. In particular, it sets out the five specific ‘Fitzroy Robinson’ factors the court will consider when determining an application to adjourn or bring forward a hearing, together with consideration of cases in which the Fitzroy factors have been applied. It also looks at other factors the court may take into account, including the timing of the application to adjourn, and examines the ill-health of a party or witness and what medical evidence must be provided when applying to adjourn on such grounds.

For examples of court judgments that provide illustrations as to the approach of the courts, see Practice Note: Adjourning trial—illustrative decisions.

Depending on the court in which the matter is proceeding, the relevant court guide may provide further guidance which should be complied with—see: Court specific guidance.

For information on:

1. •

   adjourning an interim hearing, see Practice Note: Adjourning interim hearings

2. •

   the relationship between applications to set aside a judgment