Civil Court Rules

LittleElf16

What happens at Court if at the hearing the Defendant doesn’t turn up or submit and statement and the Judge rules in your favour? 

Can it still be pursued? 

Homer_home

Wrong section , this is the motoring section 

LittleElf16

Homer_home said:

Wrong section , this is the motoring section 

It is a motor matter - a small claims motor matter 

AdrianC

LittleElf16 said:

Homer_home said:

Wrong section , this is the motoring section 

It is a motor matter - a small claims motor matter 

It is - but this is a generic court procedure question.

Yes, it can be proceded. You need to set the dogs on him, short version.

Read section 9 of this...
https://www.judiciary.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other+papers/Small+Claims+Guide+for+web+FINAL.pdf
How much good money are you happy to throw after bad?

LittleElf16

AdrianC said:

LittleElf16 said:

Homer_home said:

Wrong section , this is the motoring section 

It is a motor matter - a small claims motor matter 

It is - but this is a generic court procedure question.

Yes, it can be proceded. You need to set the dogs on him, short version.

Read section 9 of this...
https://www.judiciary.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other+papers/Small+Claims+Guide+for+web+FINAL.pdf
How much good money are you happy to throw after bad?

I’ve read Section 9 and I am willing to enforce it if I need to.   If a Defendant doesn’t show up and a Judgment is made in their absence, can they apply to have it set aside or is it an appeal?

waamo

It depends. Did they complete the Allocation of Service? If they did then that's it. Game over they've lost. No hope of anything after.

If they didn't acknowledge service then there is the possibility they didn't get the paperwork. If they didn't they can apply for a set aside. The cost is £255 which might put them off. They would also need to explain why they didn't get the paperwork. A simple "didn't turn up guv" won't cut it. As far as courts are concerned if it was sent you got it.

LittleElf16

I got a copy of their signed witness statement ahead of the hearing as requested by the Court order.   This was the final hearing they were meant to attend.

They had already applied for a set aside at the beginning of the proceedings stating they did not receive the Claim Form. 

waamo

If they sent a witness statement then they must have had all the paperwork. They are lying and don't stand a chance 

LittleElf16

I got a signed copy of their witness statement but they never filed the same at Court. They can request for the Judgement to be set aside cant they? 

waamo

They can ask but you have evidence they had the paperwork. How can they have compiled a witness statement if they new nothing about it? You should also have been informed if they completed the allocation of service. If you log on to MCOL it will tell you. Did they. I asked but you didn't answer 

LittleElf16

I think they did but I cannot remember this has been going on for a year and we have had the final hearing were the Judge ruled in my favour as they didn’t bother to attend or even give a reason to the court as to why they didn’t attend.