*** Won *** Judgment issued, but bar subsequently put in place ?

[kettlaness]

Thank you for such a prompt reply; I'm just concerned, that it might reflect badly on me (in the eyes of the court) if don't offer to change the date. I should mention, I work in a school so the case being held in half-term really suits me.

In such circumstances, can the judge order that the date be changed ?

[pt2537]

Thank you for such a prompt reply; I'm just concerned, that it might reflect badly on me (in the eyes of the court) if don't offer to change the date. I should mention, I work in a school so the case being held in half-term really suits me.

i fail to see how you could be seen in a bad light, who is asking to move the date? Not you. Who has failed to make alternate arrangements for child care? not you.

How long has the Defendant known of the hearing? Come on

[Amethyst]

Again, no sympathy, the defendant has acted terribly throughout, and they are a business, not an individual, so I think you're quite within your rights to turn down the request for an adjournment. Also make court aware you haven't received a witness statement or documents from the defendant , in case they try to claim a court/post error again. It's at your local court because you are an individual and they are not. Stick to your guns.

[kettlaness]

Thank you for your very helpful replies.

Pedantic I realise, but since my claim is against a company rather than an individual, wouldn't they be able to send someone else to represent the company - someone who isn't ill or has a child off at half term ?

[Amethyst]

You'd think.... to me it seems like an excuse. You put this claim in last March... they have had plenty of time to get their arse into gear.

[jaguarsuk]

Ridiculous request, they have had plenty of time to make child care arrangements and the illness seems convenient. If you agree an adjournment it gives them time to file and serve documents/witness statements etc.

Nope, just cite it as continued unreasonable conduct obstructing the furthering of the overriding objective and disrespectful to both the court and you.

[kettlaness]

Ridiculous request, they have had plenty of time to make child care arrangements and the illness seems convenient. If you agree an adjournment it gives them time to file and serve documents/witness statements etc.

Nope, just cite it as continued unreasonable conduct obstructing the furthering of the overriding objective and disrespectful to both the court and you.

I agree with all that you say; I'm just concerned, that if Judgment is obtained in the other party’s absence, will it remain standing, should a subsequent application be made to set aside that Judgment ?. (I've already had a MoneyClaim judgement set aside)

And if the Judgement were to be set aside due to the defendant's 'illness', at what point would the process re-start ?

They've not disclosed any documentation to either myself or the court; IF the hearing goes ahead and IF judgement is found in my favour, and it is then subsequently set aside, wouldn't they then be able to submit their documentation ?

[Amethyst]

Can you post a copy of the letter you received from the court pls xx Just might help to consider the options ...

[R0b]

Doesn't a request for adjournment require an application to be made with the applicable fee?

As already mentioned by everyone else, I don't think you would be penalised for objecting especially a request to adjourn such a late stage. Probably best responding listing out the reasons why you object to the adjournment.Some of the things I would be considering including:-

1. A formal application to adjourn together with the appropriate fee is required.

2. The Defendant:-

a. is a company and not an individual, so if the Defendant is suggesting that their representative is unable to attend the hearing, then it is no
unreasonable for the Defendant to make alternative arrangements for someone else to stand in that representative's place. For example, another employee or outside legal representation, and if this is not possible, what explanation has been given?

b. If the representative is unable to attend on grounds of ill-health, has the Defendant adduced evidence to support that claim?

3. The Defendant has been made aware of the date for trial X months ago and ought to have made proper arrangements for a representative to be available to attend as soon as it became aware of the hearing date. It is no excuse to write to the Court 3 days before the hearing and seek an adjournment and ought to have made an application much sooner if the Defendant had reason to suspect that the hearing date might be at risk.

4. The Defendant has failed to comply with an Order of the Court dated X in that the Defendant has not served on me [state what's missing]. In a call to the Court on X date, it was confirmed that the Defendant had failed to file the same. The Defendant's conduct and failure to comply with the Order may indicate a suspicion that the Defendant is seeking to adjourn the hearing to allow itself further time to prepare.

5. The court is required to exercise discretion in accordance with the overriding objective, taking into account the particular circumstances of the case. Based on the reasons in points 1 to 4, the Court should not grant an adjournment because the court would not (i) be dealing with the case expeditiously, (ii) incurring further time and resources of the court, (iii) saving expense on either party and especially the Court.

You may also want to include that if an adjournment does take place, you could ask the court to make an order for costs based on the preparation for the hearing on 22 Feb. or a proportion of them, whatever they may be.

I agree with all that you say; I'm just concerned, that if Judgment is obtained in the other party’s absence, will it remain standing, should a subsequent application be made to set aside that Judgment ?. (I've already had a MoneyClaim judgement set aside)

Setting aside a CCJ only applies to default judgment, the Defendant would have to appeal if the hearing went ahead.

[jaguarsuk]

Doesn't a request for adjournment require an application to be made with the applicable fee?

As already mentioned by everyone else, I don't think you would be penalised for objecting especially a request to adjourn such a late stage. Probably best responding listing out the reasons why you object to the adjournment.Some of the things I would be considering including:-

1. A formal application to adjourn together with the appropriate fee is required.

2. The Defendant:-

a. is a company and not an individual, so if the Defendant is suggesting that their representative is unable to attend the hearing, then it is no
unreasonable for the Defendant to make alternative arrangements for someone else to stand in that representative's place. For example, another employee or outside legal representation, and if this is not possible, what explanation has been given?

b. If the representative is unable to attend on grounds of ill-health, has the Defendant adduced evidence to support that claim?

3. The Defendant has been made aware of the date for trial X months ago and ought to have made proper arrangements for a representative to be available to attend as soon as it became aware of the hearing date. It is no excuse to write to the Court 3 days before the hearing and seek an adjournment and ought to have made an application much sooner if the Defendant had reason to suspect that the hearing date might be at risk.

4. The Defendant has failed to comply with an Order of the Court dated X in that the Defendant has not served on me [state what's missing]. In a call to the Court on X date, it was confirmed that the Defendant had failed to file the same. The Defendant's conduct and failure to comply with the Order may indicate a suspicion that the Defendant is seeking to adjourn the hearing to allow itself further time to prepare.

5. The court is required to exercise discretion in accordance with the overriding objective, taking into account the particular circumstances of the case. Based on the reasons in points 1 to 4, the Court should not grant an adjournment because the court would not (i) be dealing with the case expeditiously, (ii) incurring further time and resources of the court, (iii) saving expense on either party and especially the Court.

You may also want to include that if an adjournment does take place, you could ask the court to make an order for costs based on the preparation for the hearing on 22 Feb. or a proportion of them, whatever they may be.

Setting aside a CCJ only applies to default judgment, the Defendant would have to appeal if the hearing went ahead.

I think you should make the point that a new hearing day may mean you having to take unpaid leave from employment and potentially incur childcare expense where the current date would not when asking the court to consider costs should they adjourn the hearing.

[pt2537]

I think the one thing that hasnt been mentioned here, is CPR RULE 1 !! The overriding objective, to allow an adjournment will be contrary to the Overriding Objective and the Court shouldnt sit by and allow it

[jaguarsuk]

I think you should make the point that a new hearing day may mean you having to take unpaid leave from employment and potentially incur childcare expense where the current date would not when asking the court to consider costs should they adjourn the hearing.

Post #66

Nope, just cite it as continued unreasonable conduct obstructing the furthering of the overriding objective and disrespectful to both the court and you.

[kettlaness]

Can you post a copy of the letter you received from the court pls xx Just might help to consider the options ...

This is a copy of the letter that I received from the court {dated 16th February} :


And I enclose a copy of the email that was sent to the court [dated 11th February]

The court had the email for 5 days, before they sent a letter to me - I'm expected to respond, within 48 hours of receipt of the letter.

With regard to the email, it has the Company name in the 'FROM' field, but no actual details relating to who sent it. It ends with 'Kind Regards' - I've not removed the name, because there was no name to remove. In other words, they put "I am unable to attend", but they've not actually given their name at the end of the message, so there's no way of knowing who the 'I' is that can't attend.

They've used the company name with a Hotmail account for the email, but this isn't an email address that that they've used previously.

It all seems rather dubious - neither I or the court know the name of the individual who sent the email, am I expected to trust the word of someone who can't even provide their name ?

[R0b]

Well you would add that to the list of issues you raise to the judge, if it is your intention to object.

The court has given you a short period of time to respond and it would be unwise to dither about contemplating whether you should object or not. Obviously it's your decision but I'm sure you'll see from our responses that we are all of the view that it is not unreasonable to object and request that the hearing take place in their absence.

[Amethyst]

Who writes to the court like that ? Seriously ! "Any chance?" Lol.... Saying No is not unreasonable at all - you've been dealing with this for nearly a year now. If you say no the judge will likely decide one way or the other and the hearing should go ahead, you attend and their side gets heard on the papers ( which seems to solely be their limited defence as they haven't sent a witness statement or any evidences ) - or the judge will issue a new date and further directions - you would not be penalised.


re your concerns about a later set aside - this is the relevant cpr ...

Failure to attend the trial

39.3

(1) The court may proceed with a trial in the absence of a party but –

(a) if no party attends the trial, it may strike out^(GL) the whole of the proceedings;

(b) if the claimant does not attend, it may strike out his claim and any defence to counterclaim; and

(c) if a defendant does not attend, it may strike out his defence or counterclaim (or both).

(2) Where the court strikes out proceedings, or any part of them, under this rule, it may subsequently restore the proceedings, or that part.

(3) Where a party does not attend and the court gives judgment or makes an order against him, the party who failed to attend may apply for the judgment or order to be set aside^(GL).

(4) An application under paragraph (2) or paragraph (3) must be supported by evidence.

(5) Where an application is made under paragraph (2) or (3) by a party who failed to attend the trial, the court may grant the application only if the applicant –

(a) acted promptly when he found out that the court had exercised its power to strike out^(GL) or to enter judgment or make an order against him;

(b) had a good reason for not attending the trial; and

(c) has a reasonable prospect of success at the trial.