Adjournment

Not ready for your hearing date? An adjournment postpones a hearing to a later date — but courts only grant one for a good reason, and asking too late can cost you.

Can I get a hearing adjourned just because I am not ready?

Not automatically. The court weighs your reason against the overriding objective of dealing with cases justly and at proportionate cost, including the effect of delay on the other side and on the court's own diary. A genuine reason — such as a key witness being unavailable, or evidence not yet being ready through no fault of your own — stands a far better chance than simply running out of time through inaction.

How do I apply for an adjournment?

For most small claims, you apply using form N244, setting out the reason and the order you are asking for. If both sides consent and the application is made at least 14 days before the hearing, no court fee is usually payable. Applications made close to the hearing, or opposed by the other side, are more likely to need a fee and a decision from a judge.

Can the court adjourn a hearing on its own initiative?

Yes. Adjourning or bringing forward a hearing is one of the court's general case management powers, and it can be exercised without either party asking — for example if the court lists too many cases for one day, or realises a case needs more time than allocated.

What happens if my adjournment application is refused?

The hearing goes ahead as listed. If you are not present and have no representative, the court can decide the case in your absence, which for a defendant can mean judgment being entered against you. If you have a genuine reason to be absent, it is usually safer to attend, or arrange representation, than to rely on an adjournment being granted.

Will I have to pay costs if I ask for a late adjournment?

Possibly. Where a late application causes the other side wasted costs — for example a witness who has already travelled, or a barrister's brief fee already incurred — the court can order the party who caused the adjournment to pay those costs, even in the small claims track where costs are otherwise limited.

Is there a limit on how many times a case can be adjourned?

There is no fixed statutory limit, but courts are increasingly reluctant to grant repeat adjournments, particularly where a previous adjournment was granted on the basis that the case would definitely proceed next time. Each application is judged on its own facts against the overriding objective.

Can the other side object to my adjournment application?

Yes — they can file evidence opposing it, and the court will weigh their objections against your reasons before deciding. An opposed application is more likely to need a short hearing of its own than an application both sides consent to.

When courts grant an adjournment

There is no fixed checklist in the rules for when an adjournment must be granted. Instead, the court weighs the reason given against the overriding objective — dealing with cases justly, at proportionate cost, and without unnecessary delay for either party or the court itself. Genuine, unforeseen circumstances tend to succeed: a key witness suddenly unavailable, medical evidence not yet ready, or a late change of circumstances outside a party's control.

Requests that amount to "we did not get round to it" are treated far more sceptically, particularly on the small claims track, where hearings are meant to be simple and proportionate, and where repeated delay causes real cost and stress to the other side.

Most adjournment applications on the small claims track are made using form N244, filed with the court and served on the other side, setting out clearly what you are asking for and why. If both parties agree to the adjournment and the application reaches the court at least 14 days before the hearing date, it is usually dealt with on the papers, without a hearing of its own, and without a court fee.

Applications made closer to the hearing, or opposed by the other party, are more likely to need a fee, and a judge may want to hear briefly from both sides — sometimes at the start of the very hearing you are trying to postpone.

Costs consequences of a late or unnecessary application

The small claims track normally limits what costs the losing party has to pay, but that protection does not extend automatically to costs thrown away by a late or unreasonable adjournment application. If the other side has already incurred expense — travel, time off work, a professional witness's fee — because of a late request, the court can order the party responsible to cover those wasted costs, on top of whatever happens with the underlying claim.

Preparing for a re-listed hearing

An adjournment is rarely the end of the matter — it simply moves the problem to a new date. Use the extra time productively: if the adjournment was granted to allow evidence to be gathered, make sure it is actually ready well before the new hearing, since a second adjournment application for the same reason is judged far more sceptically than the first.

Keep a copy of the order granting the adjournment, since it usually records any directions the court has made for what must happen before the new date — missing one of those directions can itself become grounds for the other side to argue your case should be struck out or decided against you.

A claimant is pursuing a claim over faulty building work and has arranged for a surveyor to give evidence, but the surveyor's written report is delayed by three weeks through no fault of the claimant. With the hearing four weeks away, the claimant applies for an adjournment using form N244, explaining the delay and proposing a new hearing window once the report is ready. The defendant consents. Because the application is made well in advance and by consent, the court grants the adjournment on the papers, with no fee and no separate hearing needed.

Overriding objective

Application notice (N244)

Case management conference

Civil Procedure Rules, Part 3

Civil Procedure Rules, Part 1

Form N244 — application notice

Adjournment — Small Claims Glossary

What an adjournment is, when small claims courts grant one, how to apply using form N244, and the costs risk of a late request.