Author: Jason Williams
Published: June 6, 2014
Reading time: 2 minutes
This article is 8 years old.
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We are currently assisting one of our clients in a dispute involving £4,000.
The customer lives in Town A and our Client is a small business based in Town B, some 180 miles away. The case was scheduled for 10am one day in July in a County Court that is in Town A, just 1 mile from where their customer lives.
We wrote to the court asking for the hearing to be moved to a court in Town C, approximately mid-way between the two parties. The court said “no”, it was to stay where it was and that if our client couldn’t make it they could ask for their case to be decided on their written statements only.
We appealed, arguing that the Judge in the first instance had not taken any or sufficient consideration of a requirement of the Civil Procedure Rules. A Rule which states that the Court must take into account the financial value of the dispute and “whether it would be more convenient or fair for hearings (including the trial) to be held in some other court”.
As a consequence, the decision has now been over-turned and is now to be heard at a court based in Town C.