Notice of a hearing - given just 3 days in advance

[vladlnd]

I was emailed a notice of a hearing in an ongoing small claims case just 3 days before the hearing (very unusual). I am representing a company.
First, we are in process of negotiation with the other side and are close to resolving the dispute - a technicality is in the way which will take a few weeks to resolve.
Second, I am now abroad and will not come back by the date of the hearing, although this may not be seen as a valid reason to postpone the hearing as the hearing is remote.

I would like to postpone the hearing as it will most likely end up in settlement in a few weeks.

What would be my best option to do that?

[echat11]

I think it shouldn't be an issue proving the other side is in agreement, but you need to act quickly. I also think the Court should move the case, without a fee being charged in this case 3 days is ridiculous, call them.

Posted for info - https://www.smallclaimscourtgenie.co...-hearing-date/

[R0b]

I agree, 3 days is not reasonable but having said that it depends on which track the case has been allocated to- if I recall multi-track claims allows the court to give at least 3 days notice but assuming the court has allocated this to the small claims track, the Civil Procedure Rules state that you should be given at least 21 days' prior notice (the exact reference is rule 27.4(2)(a)).

Ideally, you should confirm with the other side to agree to vacating the hearing in 3 days time so you should then be best emailing the court and copying in the other side too, explaining that you are engaged in settlement negotiations and believe that a settlement is likely to be agreed so both sides are requesting that the hearing date is vacated to allow for negotiations and fix a new trial date at least 2-3 weeks from today. If the claim is allocated to the small claims track you may want to slip in that the court has not complied with the CPR and make the reference above.

Personally, I would not rely on a simple phone call and acceptance from court staff that the hearing is or will be vacated as there have been many times where that member of staff has failed to do that for one reason or another. If you send email you have a clear record of each party's intentions but just make sure to put in the subject line something like: URGENT - Request to vacate hearing date - [Claimant Name] v [Defendant Name] (Claim No.XXXX) Hearing Date XX/XX/XXXX at XX:XX.

If you don't mark the email as urgent or fail to bring it to the court's attention, they will not deal with it in time. If you have no written confirmation that the hearing is has been vacated, then you should assume the hearing is still on and absolutely attend the hearing. Then explain to the judge on the day the situation and make a second request to vacate the hearing. For the majority of these requests, the courts will normally agree.