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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69256
Experience:  Over 5 years in practice
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Ive recently filed a small claim but unfortunately missed

Customer Question

I've recently filed a small claim but unfortunately missed the final hearing. The resulting judgement just says 'Claim dismissed' and orders me to pay travel expenses to the defendant.

I don't know if this is because I wasn't there or because the judge is saying what he did was okay.

Do you know if the case can be re-opened or if I can submit the claim again?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What was the claim for please?
Customer: replied 2 years ago.

Primarily I'm asking about small claims in general, can they be re-submited or can cases be re-opened. (independant of the details you ask for)



I had a tenant renting a studio apartment from me under a six month assured short hold lease, he had been in property for six months and had then renewed the lease.


he stopped paying rent because he said there was no hot water, I fitted a new boiler. ... he still wouldn't pay. Later environmental health visited and said the temperature was inadequate.



Expert:  Jo C. replied 2 years ago.
You will still have to pay the defendants expenses

However you can apply to court to have the judgement set aside and it would bid for the court to decide whether that was reasonable or not.

If you lost on the second occasion in court, you would have to pay the defendants expenses again

However if your claim to set aside the judgement is going to be successful, you are going to have to have a really good reason for not attending the final hearing such as hospital, death of a close family member or illness. The illness will have to be supported by a doctor's note that specifically says that you would not be capable of attending court on that day.

It appears that you did have a legitimate claim for the non-payment of rent because a tenant is not allowed to withhold rent under any circumstances however the tenant does have a counterclaim in respect of having no hot water and if he had proof of that from the Environmental Health Department, that is pretty conclusive evidence for the court to use.

So, whilst you may win your claim for non-payment of rent, the defendant could win his counterclaim for loss of amenity which could eat up a whole chunk of your claim

Can I clarify anything for you?

Customer: replied 2 years ago.

Thnx for your reply Laughing


I'm a bit dyslexic (never officially diagnosed) and was getting ready to attend on the 20th at 10:00 when I realised I should have been there on the 10th at 2:00


It may be all down to wording but I think I am right in saying the tenant hasn't counter claimed, he has just given the water temperature as a defence (I have no idea if the water heater was even turned on on the day the environmental officer attended)


but I digress the two parts of my initial question were:-


--- can it be re opened - (some times it can be possible)


--- can I start all over again by starting a new claim?





Expert:  Jo C. replied 2 years ago.
Unless you have confirmation of that from your doctor or a psychiatrist, then there is no point in even using the argument because it is simply a case of you saying that you got the dates mixed up.

Even though he may not have counterclaimed, the judge may disallow part of your claim in any event although really, he should not put words into the defendant's mouth.

If you set the judgement aside that reopens it and eventually it goes to a hearing.

You cannot start the claim over again once judgement has been given all you can do is apply to set it aside
Jo C., Barrister
Category: Law
Satisfied Customers: 69256
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile

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