Kate Gardiner successfully obtains 11th-hour adjournment of Companies List Trial

Kate Gardiner acted pro bono for the respondent in Re D.W.B. Waste Management Limited [2025] EWHC 476 (Ch).

The respondent director – who has mild cognitive impairment and cannot read or write – was due to face trial for allegations of under-declaration of VAT, unlawful payments and unlawful cash withdrawals, valued by the applicant at over £500,000. Kate was instructed last-minute via Advocate to represent the respondent at trial and maintain his adjournment application.

I.C.C. Judge Barber allowed the respondent’s application for adjournment on the first day of trial, finding that “an adjournment will not jeopardise a fair trial but rather will ensure a fair trial” [97] and that the respondent should properly be treated as a vulnerable party. The judgment underscores the importance of considering what is fair in all of the circumstances of the case (Bilta (UK) Ltd (In Liquidation) v Tradition Financial Services Ltd [2021] EWCA Civ 221 at [56]). Kate will represent the respondent at trial.

The judgment is available here. The Global Restructuring Review has written an article about the case, available here (paywall).

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