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.
