Hodson v McFarland

Hodson brought an appeal against a decision of the tribunal, which dismissed his counterclaim. McFarland opposed the appeal and sought an adjournment of the hearing. McFarland applied for the adjournment on the basis that Hodson had failed to attend a scheduled hearing. McFarland alleged that Hodson had sent an informal email to the tribunal notifying his non-attendance for medical reasons. The tribunal was required to determine whether the rules of natural justice mandated the grant of an adjournment in these circumstances. The tribunal also had to consider the appropriate conditions for any adjournment and the consequences if Hodson was unable to attend.

The tribunal considered that Hodson’s failure to attend without prior notice and his informal email did not satisfy the requirements for an adjournment. The tribunal found that Hodson had not provided any medical evidence to support his application for an adjournment. The tribunal held that the rules of natural justice did not require an adjournment in the absence of any evidence to substantiate Hodson’s claims. The tribunal was also of the view that any adjournment should be subject to strict conditions to prevent future non-attendance. The tribunal decided to adjourn the hearing, but only if Hodson could demonstrate his inability to attend through proper medical evidence.

The tribunal ordered that the hearing be adjourned to a later date, with specific conditions attached. Hodson was required to provide a detailed affidavit from his doctor confirming his inability to attend. The tribunal also ordered that Hodson must serve a copy of his email to his doctor and obtain an affidavit confirming receipt. The tribunal further directed that Hodson must serve any future correspondence with the tribunal on the respondents. The tribunal emphasised that if Hodson was unable to attend the rescheduled hearing, his counterclaim would be struck out.

The tribunal made orders to facilitate the rescheduled hearing and to ensure compliance with the procedural requirements. The tribunal required Hodson to provide a detailed affidavit from his doctor and to serve copies of his email and any future correspondence on the respondents. The tribunal also set out the consequences if Hodson was unable to attend the rescheduled hearing. These orders aimed to ensure that the tribunal could proceed with the hearing in an efficient and fair manner.