Claim Struck out for not attending! What to do?

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    Claim Struck out for not attending! What to do?

    I couldn't attend the court hearing as my partner's due date was the same day! I informed the court in writing and supplied a water tight case "so I thought" for breach of contract. Tenant skipped after 2 months of a year contract. She attended court on the day and the Court order states.

    "Upon hearing the Defendant in person and the Claimant not attending

    IT IS ORDERED THAT

    1. As the Claimant has failed to attend the hearing, pursuant to CPR Pt 39.3 the claim is struck out.

    2. No order as to costs."

    I really don't understand the court's own website says a hearing can be heard in your absence providing evidence is presented. I guess a personal appearance trumps all!

    #2
    If you want to set the judgment aside you will need to make an application (form n244) you are seeking relief from sanctions and therefore you must act very quickly. I would suggest you do a witness statement (that is sent with your application) explaining why you did not attend and exhibit copies of the letters you sent to the court.
    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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      #3
      See http://www.justice.gov.uk/civil/proc...9.htm#IDAVGJ5B

      Look at section headed Failure to attend trial. Your recourse is as said before to apply on N244 (with appropriate fee) to set aside. Evidence must be sent in with it as to why you did not attend.

      It looks very much like to me that the judge did not have enough paperwork in front of him/her to decide the case including your reasons for not atending*, or the defendant was persuasive in her evidence she did not owe the money OR the judge was just being a clever so and so.

      * if court staff were at fault OR your papers never reached court. I had an instance where I was to appear at two different county courts on same day close to same time - but I made sure that proof was in front of the one I chose not to go to and that a particular member of staff was made responsible for ensuring the judge had my excuse in front of him - he decided the issue without my attendance.

      Comment


        #4
        Thanks Paul

        Originally posted by Paul Gibbs View Post
        If you want to set the judgment aside you will need to make an application (form n244) you are seeking relief from sanctions and therefore you must act very quickly. I would suggest you do a witness statement (that is sent with your application) explaining why you did not attend and exhibit copies of the letters you sent to the court.
        Our baby was delivered by emergency C - section on the 3rd of December 1 week after the due date. I will download the relevant form and forward copies of birth certificates and relevant papers. Baby and Mother are doing very well. In an ideal world I would not have to concern myself over this but £2500.00 could come in handy especially this time of year.

        Comment


          #5
          Congratulations on your new arrival and good luck with winning your claim. You're right, the money isn't the be all and end all but it will certainly come in handy.

          Expect demand feeding (of baby) to develop into demand chauffeuring to social activities..., to demand borrowing of family vehicle and demand paying of rent whilst dear daughter/son parties at Uni (sorry, that should red 'studies hard for degree).
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            I hear you loud and clear!

            Originally posted by davidjohnbutton View Post
            See http://www.justice.gov.uk/civil/proc...9.htm#IDAVGJ5B

            Look at section headed Failure to attend trial. Your recourse is as said before to apply on N244 (with appropriate fee) to set aside. Evidence must be sent in with it as to why you did not attend.

            It looks very much like to me that the judge did not have enough paperwork in front of him/her to decide the case including your reasons for not atending*, or the defendant was persuasive in her evidence she did not owe the money OR the judge was just being a clever so and so.

            * if court staff were at fault OR your papers never reached court. I had an instance where I was to appear at two different county courts on same day close to same time - but I made sure that proof was in front of the one I chose not to go to and that a particular member of staff was made responsible for ensuring the judge had my excuse in front of him - he decided the issue without my attendance.
            I did inform them in a timely manner and even rang the case management team explaining my predicament. I've had to go to court several times in the past and incompetency of court staff (where my files had been misplaced) can be a real issue. But you can't start venting at the very same people that you will be relying on latter to do their job for fear of another slip up along the way. I suspect my letters to the judge simply were not past on as he makes no reference to them in the order. Thanks you for the advice much appreciated.

            Comment


              #7
              Ha ha so speaks the voice of experience!

              Originally posted by mind the gap View Post
              Congratulations on your new arrival and good luck with winning your claim. You're right, the money isn't the be all and end all but it will certainly come in handy.

              Expect demand feeding (of baby) to develop into demand chauffeuring to social activities..., to demand borrowing of family vehicle and demand paying of rent whilst dear daughter/son parties at Uni (sorry, that should red 'studies hard for degree).
              She's so sweet and I want to take her everywhere with me but for now I'll practice diaper changes and later I'm going to use the time now to work on scary faces for the 1st young man that shows interest in my daughter. I know exactly whats on his mind...lol

              Comment


                #8
                Originally posted by Charlesstunts View Post
                She's so sweet and I want to take her everywhere with me but for now I'll practice diaper changes and later I'm going to use the time now to work on scary faces for the 1st young man that shows interest in my daughter. I know exactly whats on his mind...lol
                ...whilst she practises her apologies for her overprotective dad and vows never to fancy anyone he would approve of!
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  Whats the appropriate fee?

                  Originally posted by davidjohnbutton View Post
                  See http://www.justice.gov.uk/civil/proc...9.htm#IDAVGJ5B

                  Look at section headed Failure to attend trial. Your recourse is as said before to apply on N244 (with appropriate fee) to set aside. Evidence must be sent in with it as to why you did not attend.

                  It looks very much like to me that the judge did not have enough paperwork in front of him/her to decide the case including your reasons for not atending*, or the defendant was persuasive in her evidence she did not owe the money OR the judge was just being a clever so and so.

                  * if court staff were at fault OR your papers never reached court. I had an instance where I was to appear at two different county courts on same day close to same time - but I made sure that proof was in front of the one I chose not to go to and that a particular member of staff was made responsible for ensuring the judge had my excuse in front of him - he decided the issue without my attendance.
                  I've been looking on the court service website and can't find the fees section. Any idea?

                  Comment


                    #10
                    Civil and Family Court Fees: High Court and County Court - From July 2009.
                    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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