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Thread: Unable to attend court ? TELL THEM 7 days in advance at least.

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  1. #1
    Amethyst's Avatar

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    Default Unable to attend court ? TELL THEM 7 days in advance at least.

    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

    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
    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
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  2. #2
    warwick65's Avatar

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    Default Re: Unable to attend court ? TELL THEM 7 days in advance at least.

    Is it not possible to have the hearing adjourned?

    Wouldn't this be a better option because it seems that often you stand a better chance of winning if you are there, especially if the claimant doesn't turn up.
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  3. #3
    MIKE770's Avatar

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    Default Re: Unable to attend court ? TELL THEM 7 days in advance at least.

    very big chance of loosing in non attendance - especially if they trun up,

  4. #4
    Amethyst's Avatar

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    Default Re: Unable to attend court ? TELL THEM 7 days in advance at least.

    Yes this is an example for people who cannot adjourn for any reason and otherwise might just not show up on the day... which is far worse than asking your submissions are taken into account ... it's a 'guide'

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