Erem v Moussa

The case of Erem v Moussa involved a complex dispute over the estate of a deceased individual, focusing on issues such as the deceased's capacity and the rectification of a Will, as well as claims relating to property and an alternative family provision claim. The matter was heard in a court where the primary issues were the adjudication of probate, the rectification of a Will, and the resolution of property disputes, all of which are intricate and require careful consideration of various legal principles.

The court was tasked with determining whether to adjourn the hearing dates due to the illness of counsel for the First Defendant, who experienced several medical episodes necessitating hospitalisation. The court also had to consider the appropriate principles to apply when deciding on the vacation of hearing dates, especially given the volume and complexity of the materials involved. These materials, which exceeded 2,500 pages, included hospital, healthcare, and medical records, as well as reports from over 20 medical practitioners and specialists.

Upon assessing the circumstances, the court concluded that the hearing dates should be vacated. A significant factor in this decision was the impracticality of briefing new counsel on the extensive and complex materials. The court further deliberated on the issue of costs, determining that in the absence of fault by the applicant, the costs should be borne by the party seeking the adjournment. Notably, the court ruled that cancellation fees should not be included in the costs orders, given the unique nature of probate, Will rectification, and family provision proceedings. The court found no evidence to support the recoverability of such fees from another party in these types of cases.