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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70192
Experience:  Over 5 years in practice
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I failed to attend court. In my absence it was ordered that

Resolved Question:

I failed to attend court. In my absence it was ordered that my claim is dismissed. Does that mean that the money owing to me is lost or can I start a new claim for this money.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Why did you fail to attend court?
Did you advise that defendant that you could not attend court or ask for an adjournment?
Did you advise the court?
How much is the claim for?
Customer: replied 3 years ago.

The court date was 4 months ahead. It was totally my fault because I was on holiday and forgot the case date.

Because of the above I did not ask the court for an adjournment nor advised the defendant.

The amount of my claim was £1337.47

Expert:  Jo C. replied 3 years ago.
Thank you.
If you had failed to attend court because you had an emergency hospital appointment or there had been a death in the family or something else like that, you could apply to court to have the judgement set aside pending another hearing and it would be for the judge to decide whether the reason you gave was sufficient or not.
You would have to come up with proof of the death or the hospital appointment or whatever it was. The court does not look kindly on missed hearings.
It is not simply a case of starting the claim again otherwise people could do that whenever a matter had been decided against them.
The court would normally award the defendant's expenses for the day in court known as "wasted costs" for the wasted day.
Unfortunately, because you simply forgot, you do not have sufficient reason to get the case reinstated/have the judgement set aside because forgetting to attend court is seen as disrespectful to the court.
I'm sorry if this is bad news for you.
Can I clarify anything for you?
Jo
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