Rule 27.9 Non-attendance of parties at a final hearingI1
England and Wales
If a party who does not attend a final hearing—
has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;
has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and
has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,
the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.
If a claimant does not—
attend the hearing; and
give the notice referred to in paragraph (1)
the court may strike out(GL) the claim.
If—
a defendant does not
attend the hearing; or
give the notice referred to in paragraph (1); and
the claimant either—
does attend the hearing; or
gives the notice referred to in paragraph (1),
the court may decide the claim on the basis of the evidence of the claimant alone.
If neither party attends or gives the notice referred to in paragraph (1), the court may strike out(GL) the claim and any defence and counterclaim.
Annotations
Textual amendments
- F1
Rule 27.9(1) substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 30