Advice please- Small Claims struck out .. what do I need to do?

MB69

I am wondering if someone can help me

I have taken a business to court over some disputed money ( £700 ). 

Unfortunately at the hearing, my claim was struck out due to no 'Witness statement' from me. I have gone to small claims before ( 7 years ago) and followed the same process: 

1. Did MCOL 
2. Send PoC to defendant
3. Set up Skeelton argument
4. Went to court. 

I did exactly the same thing again but this time the judge immediately said she is fed up of people turning up with no witness statement and she has already struck out a few cases this week. 

it should be noted it was both me and the defendant ( who had paid a counsel to be there for them and not themselves) who had failed to do a witness statement,. 

I explained it was my understanding that the PoC could be served as the witness statement on my behalf as it had my name on it, the full details and signed. but she said no as it has to clearly say all the legal matters and the law cases I am relying on. 

I asked for it to be re-adjourned, but she refused and said due to the small amount ( £700) it is not worth courts time to re-adjourn the case. 

obviously I am peed off as I did a lot of work and research and sent all documents to courts and defendant which could not be used as she didn't even want to hear the case! she ordered me to pay £460 for the counsel fee ! 


so where do I go? 

do I need to start a whole fresh claim again or can I ask for the case to be re-started? 

Thanks

DullGreyGuy

Was a judgement entered? Presumably a civil restraint order wasn't given?

I mean you can appeal the strike out but doesn't sound as if you have good grounds to and so could be more lost costs. 

If no judgement nor restraint order was made then you can just issue again but the £460 fee and the court costs of the first case cannot be included in the second. Obviously there is a risk you are unprepared for the second round bringing your total costs to more than what you are claiming. 

born_again

https://www.which.co.uk/consumer-rights/advice/how-to-use-the-small-claims-court-avaeF3Q5CcZt

No 6.

I would say 7 years is a long time for something like this to stay the same.

MB69

no judgement entered nor civil restraint order. 

THe wording on the form is: 

'Upon hearing the claimant and the counsel for the defendant and upon the claimant having failed to comply with paragraph 8 of the order of District Judge xxxx , ( failure to provide witness statement). with the result that the hearing counsel will not be effective today.

And upon the court considering and refusing the claimants oral request to re-adjourn the hearing taking into account CPE 1.1

It is ordered that:

1. the claim is struck out
2. the claimant shall pay ...... by xxxx


so there is no judgement, am I correct in assuming I can re-start the case all over by starting a fresh claim against the defendant and providing a new PoC to the defendant and then follow it up with the proper witness statement and .... ? 

Obviously I know all of my previous costs and expenses can't be re-asked in this case and only the claim amount as before? 
 

Hoenir

MB69 said:

I did exactly the same thing again but this time the judge immediately said she is fed up of people turning up with no witness statement and she has already struck out a few cases this week. 

Learnt some decades ago that judges hate having their extremely valuable time wasted. If you aren't properly prepared in order that the matter can be dealt with succinently. You'll feel their wrath.