Can't attend court - am I done for?

dustyshoe66

Good day,

Newbie here with a predicament. After a lengthy process I have finally been allocated a court hearing which is in person. However I am on holiday when the hearing is due to take place, something arranged after I submitted my n180 form. I of course still intend to send my witness statement.

The allocation form states that if I inform the court that I will not be able to attend then the judge will still take into account my statement, however I am not confident that it would lead to a positive outcome for me. I hope someone can help me my options. I doubt I could get the hearing date changed for simply being on holiday. If it were a telephone hearing I could definitely be able to do that, I am not sure if this is a request I can make though.

I know I've messed up, but trying to change my family holiday will definitely cost a lot more than this claim going against me. I just hope someone can give me some advice, thanks!

Coupon-mad

Someone (johnnylenny) just posted who won without attending. No link. He posted just now.

Read that (because you have to tell the court in advance) but you are VERY probably going to lose unless the court will make it a remote hearing that you can join by phone (worth asking).

Either way you must contact the court asap!

dustyshoe66

Coupon-mad said:

Someone (johnnylenny) just posted who won without attending. No link. He posted just now.

Read that (because you have to tell the court in advance) but you are VERY probably going to lose unless the court will make it a remote hearing that you can join by phone (worth asking).

Either way you must contact the court asap!

Thanks, I'll look the post up and see if they can provide any more information.

I'm definitely not getting my hopes up. I suppose it's just a case of ringing up the court and asking if they can do anything?

Le_Kirk

If you do call the court, make sure you follow it up with an e-mail outlining what was discussed and the outcome (hopefully successful).  A phone call is worth the paper it is printed on! 

Le_Kirk

Coupon-mad said:

Someone (johnnylenny) just posted who won without attending. No link. He posted just now.

It was indeed @JohnnyLenny

Coupon-mad

Yep - I deliberately included no link and didn't bother to check whether his name included capitals.  Newbies do best on the parking board when they use the forum well, go looking at the thread list and start reading more. No links needed.

The 2 threads were right next to each other this afternoon!

Edna_Basher

Your case can be heard in your absence so long as give the court and the claimant at least 7 days' written notice in advance of the hearing - in accordance with the conditions set out in CPR Rule 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.
(2) If a claimant does not –
(a) attend the hearing; and
(b) give the notice referred to in paragraph (1),
the court may strike out(GL) the claim.
(3) If –
(a) a defendant does not –
(i) attend the hearing; or
(ii) give the notice referred to in paragraph (1); and
(b) the claimant either –
(i) does attend the hearing; or
(ii) gives the notice referred to in paragraph (1),
the court may decide the claim on the basis of the evidence of the claimant alone.
(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim.

Your situation is not ideal but it is still possible for a non-attendee to win so long as they have a good case and make this very clear in their written submission.   

Umkomaas

Hello @Edna_Basher, so nice to see you back on the forum. 👏

Coupon-mad

Seconded. As we said in 2021:

https://forums.moneysavingexpert.com/discussion/comment/78190558#Comment_78190558

95Rollers

Surely with enough notice in advance explaining circumstances they can facilitate a remote hearing via MS Teams. Lots of court are still doing these. All you can do is explain your circumstances- we've just come out of a pandemic, and it's probably the first opportunity for your family to enjoy a holiday (and possibly the last for sometime due to the current cost of living rises?). But you vigorously wish to defend the claim and have your say as you can't let your family down, but cannot effective defend if you are not present during the hearing. I feel that is perfectly reasonable. 

ronnie69

To the OP: Did you put your holiday dates in your N180 saying dates you could not attend?
If so and the court listed it on dates you already said you could not make, you must have a reasonable chance of the court re-listing it without you having to make an application to re-list the final hearing date. Phone the court and explain (if you can manage to speak with anyone) and a helpful person may refer it to a listing officer or (less likely) judge and re-list it for a date you can make.
If the above doesn't work, you could ask the other side to agree to re-list the hearing and explain why. Have prints of your holiday booking available to show it was booked before the hearing was listed. You can suggest that if the other side unreasonably refuse and you have to make an application (form N244) to have the hearing re-listed, you will ask the court to award your application fee and costs of attending the hearing (of your application to have the FINAL hearing date re-listed) awarded against the other side because it was unreasonable of them to refuse. The chances are your application to re-list will be done by telephone. However, you will need to pay the application fee which I think is £108 (but do check).