Turning Up To Court

[flipnflap]

If a person brings a case to a small claims court over a disputed sum of money, yet that same person is not physically well enough to attend court in person - is he or she legally obliged to attend or can they get someone else (presumably a lawyer) to fight the case for them in their absence?

[Barmaid]

They can write to the Court under CPR 27.9 and notify the Court of their absence and ask the Court to decide the case with their papers. Link to rule here:- http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#IDAXOSBB

The only person who can represent them is someone with rights of audience (ie a solicitor or a barrister).

[Peter Pedant]

Practically speaking they should turn up
being absent sends a terrible message

[tonywiltshire]

I agree with both BM & PP. The small claims court is part of the County court and you can notify the other side and the court with a minimum of 7 days’ notice of your inability to be present, the court may grant you permission you to use a lay representative, they are under no obligation to do so. If you were just not to turn up you run the risk of your claim being struck out or of offending the court.