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Small claim | Defendant filed defence | Defendant wont atend

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  • Small claim | Defendant filed defence | Defendant wont atend

    Small claim and the defendant has filed response, witness statement and court bundle along with a covering letter stating it is not cost affective to attend so
    has asked the judge to take their case based on the merits of their paperwork supplied. The order clearly is for both parties to attend. While it is accepted within the small claim framework
    judges allow tolerance, taking in to account this is a major corporation with in house lawyers what is the opinion of the forum as to if this is allowed and what will happen?
    Tags: None

  • #2
    The judge will read the statements of both parties and question/speak to the claimant and then make his judgment.
    The defendant is at a disadvantage

    Comment


    • #3
      CPR 27.9 sets out the procedure for asking the judge to decide without a party's attendance - https://www.justice.gov.uk/courts/pr...es/part27#27.9

      I have used this procedure where the documentary evidence is strong, and going to court impractical or uneconomical. Each time my client won.
      Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        ... which means that the OP needs to make sure that he is able to present a convincing case at the hearing. This should be (1) in respect of any facts that need to be proved, and (2) the legal basis of the claim.
        Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Interesting. They have a reasonable defence, but in line with your kind replies could fall away with my spoken argument's, which they
          wont be able to address.

          Comment


          • #6
            Make sure that you can answer the defendant's points, in case the judge asks.
            Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment

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