“…In Terluk v Berezovsky [2010] EWCA Civ 1345 (“Terluk”) the question was whether an adjournment should have been granted not on the grounds of the unavailability of a…”
“…Although there are one or two cases which put the emphasis on unfairness (see for example Terluk v Berezovsky [2010] EWCA Civ 1345), that emphasis is explicable on the facts of the cases themselves (Terluk was about an alleged breach of natural justice), rather than constituting a more gen…”
“…rcise of discretion, the Court of Appeal has to be satisfied that the decision to refuse the adjournment was not “unfair”: for example, see Terluk v Berezovsky [2010] EWCA Civ 1345 (per Sedley LJ at paras 18-20), quoted below, particularly in circumstances where his right to a fair trial under Article 6 ECHR is at stake.…”