Emojevbe v Secretary of State for Transport

Practice – Pre-trial or post-judgment relief. The appellant had a reasonable prospect of establishing a duty of care in respect of the DVLA to use the special delivery self-addressed envelope provided by him for the return of his passport, when deciding whether to grant an adjournment under CPR 39. In reaching that decision, the Court of Appeal also found that the judge had erred in focussing on whether the appellant was physically capable of attending court on the day of trial. In doing so the judge had failed to examine all the evidence relevant to the non-attendance of the appellant.

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