This morning was
another example of how frustrating our Court system can be! Having spent 3
years preparing a case for trial I was eventually given a scheduled hearing
date for this week. The case is not a local one so travel arrangements had to
be made, both for me and for my clients who would be coming from the UK.
At the last minute, the other party requested an adjournment, saying that he
had a hospital appointment for the same day. As the case had not been listed
for hearing before I could jump up and down and object about delaying tactics
as much as I like, the chances are a request for an adjournment will be
granted.
While I wouldn’t
begrudge anyone a visit to their doctor – hospital waiting lists are another
frustration of modern life in Ireland – that it fell on the same day as the
trial date was annoying to say the least. It doesn’t seem entirely unreasonable
to think that if a case can’t go ahead on a Tuesday, maybe it could be dealt
with on another day in the same week. Not in our system – an adjournment means
that your case gets put back to the next list. In a rural court venue, the next
list could be six months later.
In my case I
suppose I’m lucky. The case should be dealt with at the end of January. But -
can I guarantee this for my clients? No. Can I tell them to book their flights
(again) for a specified date? No, as I won’t know what date the case will be
listed for again until probably mid-January. The best I can tell them is that I
hope the case will be listed in January, and I hope that no further requests
for adjournments are made. How satisfactory is this?
Maria O’ Donovan
Wolfe & Co.
Solicitors, Market Street, Skibbereen, Co. Cork
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