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If you have a court hearing coming up and find you are unable to attend you MUST inform the court at least 7 days in advance of the hearing. The hearing can then proceed in your absence - and your side of the argument will be based on your defence, witness statement and any skeleton argument you have submitted. It is always best for you to attend the hearing, as if you don't you really have very little say in the outcome .... however in the event this becomes impossible here is an example letter to the Court, which you should serve (send) a copy of to the Claimant for their attention at the same time.
CPR 27.9
Non-attendance of parties at a final hearing
27.9
(1) If a party who does not attend a final hearing–
(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;
(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and
(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,
the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.
EXAMPLE LETTER TO COURT
TO CLAIMANT
YOUR ADDRESS
DATE
CLAIMANT's ADDRESS ( or their solicitors if represented )
Dear xxxxxxxxxxxxx
Case: CLAIMANT v DEFENDANT - Claim XXXXXXX
Hearing Date: xxxx xxxxxxx 2017 – xxxxx pm
I am the Defendant in this case and unfortunately, due to xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, I will be unable to attend the hearing scheduled for the xxxx xxxxxxx 2017 – xxxxx pm.
Please accept this letter as written notice of my non-attendance as required by Civil Procedure Rule 27.9. I enclose a copy of my Skeleton Argument and Exhibits(delete as appropriate) prepared for the hearing and confirm that I have filed copies with the Court.
I have requested the court hears the case in my absence and take into account my skeleton argument(delete as appropriate), witness statement and other documents when making a decision.
Yours sincerely
xxxxxxxxxxxxxxxx
Defendant
CPR 27.9
Non-attendance of parties at a final hearing
27.9
(1) If a party who does not attend a final hearing–
(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;
(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and
(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,
the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.
EXAMPLE LETTER TO COURT
SUBJECT: CLAIMANT v DEFENDANT - Claim XXXXXXX Notice of Non-Attendance
By email: xxxxxxxxxxxx County Court (email address)
And by post: xxxxxxxxxxxxxxx address xxxxxxxxxxxxxxxxxxxxx
Dear District Judge xxxxxxxxxxxx
Case: CLAIMANT v DEFENDANT - Claim XXXXXXX
Hearing Date: xxxx xxxxxxx 2017 – xxxxx pm
I am the Defendant in this case and unfortunately, due to xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, I will be unable to attend the hearing scheduled for the xxxx xxxxxxx 2017 – xxxxx pm.
Please accept this letter as written notice of my non-attendance as required by Civil Procedure Rule 27.9. I am filing with this letter and the court a copy of my Skeleton Argument and Exhibits(delete as appropriate) prepared for the hearing and confirm that I have served copies on the Claimant. I have also served notice on the Claimant that I will be unable to attend.
I respectfully request the court hears the case in my absence and take into account my skeleton argument(delete as appropriate), witness statement and other documents filed and served with the claimant and the court when making a decision.
Yours sincerely
xxxxxxxxxxxxxxxx
Defendant
By email: xxxxxxxxxxxx County Court (email address)
And by post: xxxxxxxxxxxxxxx address xxxxxxxxxxxxxxxxxxxxx
Dear District Judge xxxxxxxxxxxx
Case: CLAIMANT v DEFENDANT - Claim XXXXXXX
Hearing Date: xxxx xxxxxxx 2017 – xxxxx pm
I am the Defendant in this case and unfortunately, due to xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, I will be unable to attend the hearing scheduled for the xxxx xxxxxxx 2017 – xxxxx pm.
Please accept this letter as written notice of my non-attendance as required by Civil Procedure Rule 27.9. I am filing with this letter and the court a copy of my Skeleton Argument and Exhibits(delete as appropriate) prepared for the hearing and confirm that I have served copies on the Claimant. I have also served notice on the Claimant that I will be unable to attend.
I respectfully request the court hears the case in my absence and take into account my skeleton argument(delete as appropriate), witness statement and other documents filed and served with the claimant and the court when making a decision.
Yours sincerely
xxxxxxxxxxxxxxxx
Defendant
YOUR ADDRESS
DATE
CLAIMANT's ADDRESS ( or their solicitors if represented )
Dear xxxxxxxxxxxxx
Case: CLAIMANT v DEFENDANT - Claim XXXXXXX
Hearing Date: xxxx xxxxxxx 2017 – xxxxx pm
I am the Defendant in this case and unfortunately, due to xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, I will be unable to attend the hearing scheduled for the xxxx xxxxxxx 2017 – xxxxx pm.
Please accept this letter as written notice of my non-attendance as required by Civil Procedure Rule 27.9. I enclose a copy of my Skeleton Argument and Exhibits(delete as appropriate) prepared for the hearing and confirm that I have filed copies with the Court.
I have requested the court hears the case in my absence and take into account my skeleton argument(delete as appropriate), witness statement and other documents when making a decision.
Yours sincerely
xxxxxxxxxxxxxxxx
Defendant
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