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Small claim struck out & hearing vacated - reinstatement query

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  • Small claim struck out & hearing vacated - reinstatement query

    I'm involved (as a Litigant in Person) in a small claims case with my Landlord concerning leasehold liability for Landlord's past legal costs. Both sides submitted their case documents to court & each other last week and hearing scheduled for next week (Friday). Just got a letter from the Court yesterday morning: 'General Form of Judgement or Order' stating 'the Court own motion' that It is Ordered that (1) Claim struck out (2) Hearing listed on 18th vacated - due to Claimant failing to to pay the hearing fee by stated date!

    My question - I assume this is an oversight or error (given Landlord's submissions in case) & Landlord will apply to have the case re-instated - if Landlord applies first thing tomorrow for re-instatement of the case, can the vacated hearing which was scheduled for the 18th May be re-instated to still take place on the 18th (in 4 days from tomorrow) or will a new hearing date need to be scheduled?
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  • #2
    Originally posted by what_to_do View Post
    I'm involved (as a Litigant in Person) in a small claims case with my Landlord concerning leasehold liability for Landlord's past legal costs. Both sides submitted their case documents to court & each other last week and hearing scheduled for next week (Friday). Just got a letter from the Court yesterday morning: 'General Form of Judgement or Order' stating 'the Court own motion' that It is Ordered that (1) Claim struck out (2) Hearing listed on 18th vacated - due to Claimant failing to to pay the hearing fee by stated date!

    My question - I assume this is an oversight or error (given Landlord's submissions in case) & Landlord will apply to have the case re-instated - if Landlord applies first thing tomorrow for re-instatement of the case, can the vacated hearing which was scheduled for the 18th May be re-instated to still take place on the 18th (in 4 days from tomorrow) or will a new hearing date need to be scheduled?
    It could go ahead if the hearing is still vacant and something else hasn't been listed in the slot in theory, but in reality it won't happen.

    The application your landlord will have to make will take longer than four days to file, be processed by and a decision made on by the court. And even if they could then they would have to notify you in writing with a new order.

    Just await the next paperwork from the court, but if you want peace of mind telephone them on the 17th just to make sure miracles haven't happened.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

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