header-logo header-logo

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

No small claims show

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll