Motor Vehicle Disputes Tribunal

Practice Direction 1/07 : Adjournments

This practice direction sets out the policy and procedures of the Motor Vehicle Disputes Tribunal relating to adjournments of hearings.

The Tribunal has a responsibility to manage applications so that they are brought to a conclusion at the earliest possible opportunity. Bearing this objective in mind, as well as the Tribunal's obligation to give parties a reasonable opportunity to present their case, the following policy will be applied by the Tribunal:

1. Applications will not be fixed for hearing unless the Tribunal is satisfied that they are ready for hearing or arrangements are in place to ensure that each matter will be ready before the hearing date.
2. Matters are fixed for hearing on the basis that the hearing will proceed on the day fixed.
3. An application for an adjournment will not be granted unless there are good reasons to justify the adjournment.
4. The consent of the other party to an adjournment is not of itself a sufficient reason for an adjournment to be granted.
5. An application for an adjournment must be made at the earliest possible opportunity. The application must set out the reasons why an adjournment is necessary and be signed by the Purchaser or, in the case of an application for an adjournment from a Trader, by the representative of the Trader seeking the adjournment. The application must be accompanied by any documents that support the reasons for seeking an adjournment.
6. An application for an adjournment made less than five working days prior to the hearing date will not be granted unless there are extraordinary and compelling reasons for the matter to be adjourned.
7. Where an adjournment is granted, the matter will not usually be adjourned generally, but will be re-listed as soon as possible.

This practice direction has effect from 1 August 2007