So was the outcome of a recent hearing where the Claimant, a sole trader, failed to attend a preliminary hearing scheduled to discuss the potential requirement for expert evidence and possible settlement of the claim.
The Claimant did not explain their non-attendance, and so, the judge was minded to adjourn the case generally for the Claimant to apply to have it restored, but our member’s legal representative rightly pushed to have the case struck out there and then.
After establishing that the vehicle, a commercial van, had been sold to a business without a warranty, that it was some twelve (12) years old with more than 130,000 miles on the clock, and the Consumer Rights Act 2015 did not apply, the judge agreed the appropriate order was to strike out the claim. It would then be for the Claimant to apply to reinstate his claim, if so required, although such an application would need to be made promptly, usually within about 14 days of notice of such order.
In addition, the judge awarded our member the costs of the hearing, pursuant to CPR 27.14(2)(g), which were summarily assessed in the sum of £150.00, on the basis that the Claimant’s conduct was deemed “unreasonable” for failing to attend the hearing when suitable notice had been given to both parties. Our member managed to attend with representation, and the Claimant did not and without any explanation.
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