It has been confirmed that in certain circumstances that there will be no application fee to pay when a party is seeking to adjourn a family or civil hearing as a direct result of the coronavirus.
In the following circumstances, Court staff may waive the application fee to adjourn a hearing if a person:
- Has a confirmed case of Covid-19;
- Is self-isolating in accordance with NHS guidance; or
- Has issues arranging child care as a result of the virus.
However, the overall decision as to whether to adjourn the hearing or not will come from the Judge, who may deem that the hearing goes ahead via telephone or video. The Judge’s decision cannot be challenged.
In addition to this announcement, HM Courts & Tribunals Service are asking parties to seek a resolution to their disputes prior to asking for an adjournment of their case. However, if parties cannot agree a compromise and decide to continue with their application for an adjournment, they should send their application to the relevant Court, stating the:
- Date of the hearing
- Case number
- Names of the parties
- Contact details
- Reasons and details for adjourning the case – e.g. the date the party began self-isolating, contracted the virus or issues arranging child care cover
- Details which may make a person more vulnerable to the virus – e.g. age or underlying health conditions
Once the application has been processed, a member of the Court staff will be in touch with the person making the application with regards to whether a fee has to be paid, plus the reasons for their decision.
How Nelsons can help
Melanie Bridgen is a Partner in our Family Law team.
If you have any queries in relation to the points mentioned in this article, please get in touch with Melanie or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.