Govindasamy v British Gas Trading Ltd

An adjournment may be refused where the evidence relied on to establish ill-health is inadequate and unconvincing. The court may also consider the nature of the application when deciding whether an adjournment would be appropriate. An application for permission to appeal was therefore dismissed, with no order for costs.

The applicant sought permission to appeal from a decision of the High Court, Chancery Division, before Mr Justice Etherton. The application was listed for hearing at 10.00 am. At 10.44 am, the applicant sent a fax seeking an adjournment on the ground of ill-health, with supporting material attached.

The central issue was whether the evidence justified an adjournment of the application.

1. Adjournment. The evidence relied on by the applicant to support his alleged ill-health was inadequate and unconvincing. The court was also entitled to have regard to the nature of the application when determining whether an adjournment should be granted.
2. Disposition. In those circumstances, granting an adjournment would have been wrong. The application for permission to appeal was dismissed.
3. Costs. There was no order for costs.

• Court of Appeal (Civil Division): The application for permission to appeal was dismissed.
• High Court, Chancery Division: The application arose from a decision of Mr Justice Etherton. No citation or further details of that decision are stated.