You are involved in court proceedings. You are stressed, tired and, most of all, anxious for the hearing ahead. In the weeks before the hearing date, your worries are increased when you suffer from a medical condition making you unable to attend court. What should you do?
The court has a discretion to place proceedings on hold if you are unable to attend on medical grounds. You must make an application to the court at which the case will be heard, asking for proceedings to be adjourned on medical grounds.
For your application to succeed, it is essential it is supported with good medical evidence.
What is good medical evidence? Our below checklist can be included to support your application:
- Evidence from a medical practitioner who is familiar with your medical condition, detailing all recent consultations and why they believe you cannot attend the hearing;
- Evidence which specifically identifies the characteristics of the condition which prevents you from taking part in the hearing;
- Evidence detailing a prognosis and recovery time;
- Provide the court with confidence that the evidence arose from an independent opinion following a proper examination.
Of course not all of the above may be obtainable, especially if the hearing date is soon. The court have made it clear on the importance of providing detailed evidence on why a medical condition would prevent you from participating in the hearing, especially a trial. A simple sick note will not suffice!
Do you need further advice or assistance on drafting your application? At Mewies Solicitors, we appreciate the stress and challenges involved in legal proceedings. Our expert and friendly dispute resolution team are here to help guide you through the process.
For more information, contact Chloe Greenwood on 01756 799000 or alternatively email c.greenwood@mewiessolicitors.co.uk.