Case 'struck out'

[THISWAYMOFOE]

My case was 'struck out' in small claims court. Both Myself; the claimant and the defendant did not show for the hearing. What appeal do I have?

[jackthehat]

The courts certainly won't look too favourably on someone who couldn't even be bothered to attend their own case as plaintiff............

[sandmaster]

You will have to start a new application. But if you cannot be bothered to attend court why bother to start an action?

[THISWAYMOFOE]

Not a case of couldn't be bothered. More a case of redundancies being made at work and very hard to get time away to attend!!

[barry1010]

If you are not the claimant or the defendant, what role do you play in this case?

[jackthehat]

But will you be able to attend a new court date.............?

[THISWAYMOFOE]

I am the claimant.
My work is using redundancies as scare tactics to make everyone work earlier, later and harder.
Very frustrating it has come to this.

[Barmaid]

The answer is found in CPR Part 27.11. I suggest you read CPR part 27.

(1) A party �

(a) who was neither present nor represented at the hearing of the claim; and

(b) who has not given written notice to the court under rule 27.9(1),

may apply for an order that a judgment under this Part shall be set aside and the claim re-heard.

(2) A party who applies for an order setting aside a judgment under this rule must make the application not more than 14 days after the day on which notice of the judgment was served on him.

(3) The court may grant an application under paragraph (2) only if the applicant �

(a) had a good reason for not attending or being represented at the hearing or giving written notice to the court under rule 27.9(1); and

(b) has a reasonable prospect of success at the hearing.

(4) If a judgment is set aside�

(a) the court must fix a new hearing for the claim; and

(b) the hearing may take place immediately after the hearing of the application to set the judgment aside and may be dealt with by the judge who set aside(GL) the judgment.