# Act of Sederunt (Small Claim Rules) 1988, Paragraph 23: Decree by default and dismissal


(1) Where, after a defence has been stated, a party fails to appear or be represented at any hearing, a special hearing shall be fixed by the court to be held not earlier than 14 days after the date of such failure.
(2) Where a special hearing is fixed by the court under paragraph (1) of this rule, the sheriff clerk shall forthwith—
(a) intimate the date, time and place of the special hearing to the party who has failed to appear or to be represented;
(b) advise him of the reason for the special hearing; and
(c) advise him that decree may be granted against him if—
(i) he fails to appear or be represented at the special hearing; or
(ii) at the special hearing good cause is not shown for non-appearance at any prior hearing.
(3) Where a party—
(a) fails to appear or be represented at a special hearing;
(b) fails to show cause at a special hearing for his non-appearance at a prior hearing; or
(c) fails to appear or be represented at any hearing after a special hearing,
decree by default or decree absolving the defender may be granted.
(4) Where, after a defence has been stated, a party fails to implement an order of the court, the sheriff may, after giving him an opportunity to be heard, grant decree by default or absolve the defender.
(5) Where all parties fail to appear or be represented at any hearing, the sheriff shall, unless sufficient reason appears to the contrary, dismiss the small claim.

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Source: https://www.legislation.gov.uk/uksi/1988/1976/schedule/paragraph/23 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-small-claim-rules-1988/schedule/paragraph-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.