Reinstate claim

[Kenny2020]

Hoping somebody can help with a few queries? I've done a lot of research and think I know what I'm doing, but it would be good to have some input from others who know more than me :o)

My claim was struck out because I was late arriving at court. I did let them know in advance that I would be a bit late, but the Judge went ahead with the Hearing anyway and just struck out my claim :o(

I am going to make an application to have the Claim reinstated, but wanted to confirm the following first:-

1. I presume it needs to be an application on notice...so £275 fee. I don't think I would get away with a without notice application would I?

2. I am in the process of composing a witness statement and awaiting a third party letter to exhibit to it, but I am concerned about the delay in submitting the application, although there does not appear to be any timescale. Is this correct? As any application should be made promptly (not sure how long would be viewed as promptly), would I be better submitting the application now without the witness statement and serving the application once the witness statement is completed? My understanding is that the CPR only stipulate that the evidence must be served with the application, not filed when the application is submitted; is this correct?

3. Should I be asking for relief from sanctions in the application or is this not applicable to these circumstances?

Thanks in advance for any assistance with this...I'm just concerned about getting it right!

[Kenny2020]

Just realised I've been looking at CPR 39, but this is on the small claims track, so I should be looking at CPR 27 I think...is this correct?

Also, CPR 27.9 refers to the final hearing. What if the hearing was a dispute resolution hearing...would I still follow what it says under CPR 27.11?

Thanks

[charitynjw]

See link

[Kenny2020]

Thank you for the link...it is an interesting read.

Apologies for any confusion my posts have caused...I have been so panicked about my case being struck out that I didn't realise my research had directed me to the wrong part of the CPR.

The Claim was allocated to the small claims track, so I believe it is CPR 27 that I should be referring to...is this correct?

It states that a person has 14 days to apply to set aside an order striking out the Claim, but refers to the final hearing. The Hearing that I arrived late for was a preliminary hearing (dispute resolution hearing)...what Part should I be referring to for guidance on applying to have the Order made at that hearing set aside?...does CPR 27.11 apply to preliminary hearings also or is there another Part that I should be looking at?


Thanks

[charitynjw]

Could you clarify what you mean by disute resolution hearing?