A member attended a court hearing recently, where the Claimant was looking for a full refund of a vehicle they believed was of unsatisfactory quality. We were confident our member had a solid defence. However, as we tell all our members, it all depends on the judge on the day, and everyone has a 50/50 chance.
Now, my 85-year-old father is never late, and I mean never late for anything! Be it a dentist appointment or an informal family get-together. This may be a generational thing or his strict boarding school upbringing, but in this day and age, people appear to be more relaxed about timings, be it turning up to work or meeting friends for a drink.
You are probably thinking, “What has his father got to do with a court hearing?!” This is a timely reminder (pun intended!) that when attending any court hearing, you must arrive at the court well before your case’s allotted time. Unfortunately, due to the court processes, you may be there for a long time. However, if you are not there on time, the consequences can be quite harsh.
Going back to our member’s hearing, the Claimant was late, and so within a minute, the judge dismissed the case! The court ordered the case to be dismissed due to the Claimant’s unreasonable conduct as they did not attend the hearing.
Our member was sympathetic to the Claimant and suggested to the judge that they at least wait a few minutes. As our member was leaving the court, the Claimant arrived, approximately 15 minutes after the allotted time.
The Claimant was advised by our member that his claim had been dismissed, the cost to the Claimant was approximately £500 in court costs, and they had no opportunity to pursue their claim.
This situation may not seem so bad as our member won. However, if the situation was reversed, and our member had been late, there could have potentially been a different outcome. Our member may have had to pay out approximately £5500 and had no opportunity to defend themselves. I suggest next time you have an appointment, especially a court hearing, get there early, have a coffee, and be relaxed before you attend. Trust me, it may be the best thing you do that day.
If you have a money claim, please do not hesitate to contact Lawgistics CIC to assist you through the entire process.
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