judgement order for non attendance to court despite illness.

[gary94]

Urgent
I made an application to court for a default judgement to be set aside. On the hearing date I was ill, had a swollen foot. My doctor gave me a sick note which I supplied to court before the hearing. The court went ahead and dismissed my application saying that my foot could not bar me from attending court and ordered me to pay the defendant 102pounds by the 2nd of April 2015. Does the court have the power to dismiss a sick note by a doctor without asking the doctor to give a statement?

[ploddertom]

Re: judgement order for non attendance to court despite illness.

How long before the Hearing was this? Did you make an application to vacate the Hearing?

[dan_1207]

Re: judgement order for non attendance to court despite illness.

Yes, see http://www.justice.gov.uk/courts/pro...l/rules/part23

[gary94]

Re: judgement order for non attendance to court despite illness.

Thanks, I called the court office and was told to send in the sick note, the judges acknowledged receipt but seem to think that my sickness was just an excuse not to attend court.

[sean5302]

Re: judgement order for non attendance to court despite illness.

Why did your foot prevent you attending?
Could you not have used a stick, a wheelchair or a solicitor?
Joking apart, the court has told you to "hop it" as the hearing was to overturn a default judgment. Why didn't you respond to the original claim?
The court granted you a hearing to overturn that first judgment by default, but then not attending that hearing is asking for trouble.

[gary94]

Re: judgement order for non attendance to court despite illness.

Thanks, I got really useful info.