Missed small claim court

[wjwren]

I was due at the small claims court this morning. My wife is heavily pregnant and had pains this morning. But long story short we missed the hearing. We dont know the outcome of the judgment yet as I called the court and was advised they would post it. Can I appeal or write in to the court regarding the circumstances? Pissed off as I think I had a water tight case.

[ncjones]

Ring the court and they'll be able to advise you. You used to be able to submit an application to the judge (then it was ca a. £20 fee).... in this case you could state the circumstances and ask for it to be reheard. Worth checking the outcome of today first though!

[KungFuPanda]

Did you try and contact the Court prior to the hearing taking place to advise you wouldn’t be attending?

[wjwren]

The hearing was at 10am. I called the court at 9.50 when I knew I would be late. I didn't get through till 10.20. There were 37 people in the queue on the phone. When I got through they advised it had already been heard.

[mattyprice4004]

Surely you knew you wouldn’t be attending more than 10 minutes ahead of time?

I don’t think that’ll go in your favour

[CRA1G]

I don't know if you can appeal,but a few years ago I had to take someone to small claims for none payment and he didn't turn up so I automatically got judgement against him.

[TVR1]

Really depends if you’re the plaintiff or defendant and worth the hassle to you. Either way you're pretty much on a hiding to nothing, you could try to have the Judgement set aside by applying with form N244 cost is £250. Its not really designed for people who just fail to show but depends on your circumstances and if the Maj is feeling generous.if you're the defendant, congrats you now have a CCJ but it will be removed from the register if you cough up within 30 days.

[AlexRS2782]

TVR1 said:

Really depends if you’re the plaintiff or defendant and worth the hassle to you. Either way you're pretty much on a hiding to nothing, you could try to have the Judgement set aside by applying with form N244 cost is £250. Its not really designed for people who just fail to show but depends on your circumstances and if the Maj is feeling generous.if you're the defendant, congrats you now have a CCJ but it will be removed from the register if you cough up within 30 days.

Rough guess suggests it's possibly this - https://www.pistonheads.com/gassing/topic.asp?h=0&... - as there's mention of a November court date in the OP.

[KungFuPanda]

If that’s the case, just pay the judgment fee. It’s not worth paying circa £250 to apply to set aside the judgment which may not be successful to then go to a finally hearing on liability which again may not by successful.

[Meoricin]

KungFuPanda said:

If that’s the case, just pay the judgment fee. It’s not worth paying circa £250 to apply to set aside the judgment which may not be successful to then go to a finally hearing on liability which again may not by successful.

This. It's far too common to see Defendants floundering in front of a Judge, trying to explain why they've brought everyone back for a second hearing because they didn't show for the first one.

Sometimes the Judge will take pity, but just as often you'll end up paying your application cost (£255) as well as the costs of attendance for the Claimant, and you'll walk out with that Judgment still sitting there and still needing to be paid if you don't want it sitting on your credit file for 6 years.

[babelfish]

mattyprice4004 said:

Surely you knew you wouldn’t be attending more than 10 minutes ahead of time?

I don’t think that’ll go in your favour

Maybe dealing with the emergency was a higher priority than phoning?

[Boosted LS1]

TVR1 said:

Really depends if you’re the plaintiff or defendant and worth the hassle to you. Either way you're pretty much on a hiding to nothing, you could try to have the Judgement set aside by applying with form N244 cost is £250. Its not really designed for people who just fail to show but depends on your circumstances and if the Maj is feeling generous.if you're the defendant, congrats you now have a CCJ but it will be removed from the register if you cough up within 30 days.

If it's County Ct what's a magistrate got to do with it?

[CRA1G]

Boosted LS1 said:

If it's County Ct what's a magistrate got to do with it?

Small claims are administered by magistrates in court...

[The Mad Monk]

wjwren said:

The hearing was at 10am. I called the court at 9.50 when I knew I would be late. I didn't get through till 10.20. There were 37 people in the queue on the phone. When I got through they advised it had already been heard.

What happened?

[bladebloke]

CRA1G said:

Small claims are administered by magistrates in court...

No, they are not.

[CRA1G]

bladebloke said:

CRA1G said:

Small claims are administered by magistrates in court...

No, they are not.

I have always believed small claims courts are presided over by magistrates and this has been my experience of them.

[anonymous-user]

A magistrate is not trained in law, they have an advisor who directs them. Considering the county court has one person presiding, then it couldn't be a magistrate. It is a judge or similar qualified person.

[hutchst]

What we used to know as a Stipendiary Magistrate is now a District Judge (since 2000). That may be where the confusion arises. They are legally qualified and hear cases in the County Court.

[wjwren]

Just to confirm, if it makes any difference, it was the small claims "fast track" service

[The Mad Monk]

wjwren said:

Just to confirm, if it makes any difference, it was the small claims "fast track" service

Have you told us what happened?