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What is a peremptory adjournment against the other side?

  • 07-03-2012 9:58am
    #1
    lir6777
    Registered Users, Registered Users 2 Posts: 214 ✭✭


    This came up in a civil suit where costs are being debated and the other side continues to seek adjournments while they look for back-up to their estimated costs. The judge granted an adjournment but said it is peremptory, which I understand to mean they can't seek an adjournment again, but he also said it's 'against the other side'- what does that mean??
    Thanks!


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    lir6777 wrote: »
    This came up in a civil suit where costs are being debated and the other side continues to seek adjournments while they look for back-up to their estimated costs. The judge granted an adjournment but said it is peremptory, which I understand to mean they can't seek an adjournment again, but he also said it's 'against the other side'- what does that mean??
    Thanks!

    In simple terms it means the other side can not seek another adjournment if they do the case may be forced on and a decision made. If against the other side it means the remaing party can still if they wish seek to adjourn if necessary.


  • #3
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    The most common cases which receive this treatment are those in which a default arises - judgment in default of defence or appearance. Marking the case this way means on the next occasion if action isn't taken, judgment or an Order will be made against the party in default. It can be simply a matter of costs, though that's a story for another day.


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