Small Claims Court: Clerical error or something else

[Extremesuper]

Hi all and hopefully someone can help clarify something

Today was supposed to be the day of a Small Claims Court hearing where I was the defendant and intended to vigorously defend . I went to the court, checked the case was on the board, which is was and sat down to be called. The usher eventually came up to me and said the case the been struck out due to the trial fee not been paid. The deadline for payment was early July 2023. So my query really is about whether the court should have contacted me much sooner to inform me, or is it usual process to keep the date and even post the case onto the court message board on the day of the now struck out hearing?

Many thanks in advance

[atticus]

You need to read the order you were sent giving details of allocation, hearing etc. Usually these give you details of the trial fee, the date by which it must be paid, and a stiff warning that the case will be struck out automatically if the claimant does not pay the trial fee by that date.

If so, you could have checked in advance whether the fee had been paid, and if not ask the court to confirm the case has been struck out.

It is possible that you will now face an application to reinstate the claim.

[echat11]

Hi EXTREMESUPER

Welcome to LB

You would think that they would have informed you in early July, but Courts are 'hit and miss' on things like that. If you lodge a complaint, don't expect them to agree, they will come up with something silly, they were down to their last envelope.

If Courts could make outside calls that would have saved you a journey and the stress i.e. appearing in Court.

[Extremesuper]

Thanks for the reply. Though it still seems odd to me that it would listed on the days proceedings in the court?

[echat11]

Thanks for the reply. Though it still seems odd to me that it would listed on the days proceedings in the court?

Complain, if it's cost you to get there, claim that back.

[atticus]

Thanks for the reply. Though it still seems odd to me that it would listed on the days proceedings in the court?

Do not expect a high level of efficiency from under-resourced court administration.