header-logo header-logo

No small claims show

27 January 2011
Issue: 7450 / Categories: Case law , Judicial line
printer mail-detail

Where a party fails to appear at a small claims trial without giving the requisite notice...

Where a party fails to appear at a small claims trial without giving the requisite notice that they wish the claim to be decided in their absence, should the court consider the merits of the claim or defence (as the case may be) or may it deal with the case on a default basis?

If the claimant fails to attend then, whether or not the defendant is present, the claim is likely to be struck out. If the claimant attends but the defendant is absent, then the court should consider the merits of the claim because the claimant still has to prove their case. The opportunity for a default judgment will have been lost with the filing of a defence which has been allowed to stand.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll