In message , Alasdair
writes
>On Thu, 15 May 2008 07:53:19 GMT, Mike Johnson
> wrote:
>
>>The Court Appearance
>>
>>The defendants did not show. The Judge explained that I still had to
>>prove my case. He was very helpful created a relaxing but formal
>>atmosphere - pointed out politely if I strayed off track. (eg I said
>>that if the defendant had been present I would have asked them a
>>specific question - he said that they weren't - so the question was
>>not relevant).
>
>I'm very surprised at the attitude of the District Judge in this case.
>Any time I have been to the County Court (Small Claims), the DJ
>automatically gave judgment in my favour if the other party did not
>show up.
>
Well he would do that if the facts of the claim were such that, absent
any lodged defence, there is sufficient to make a judgement however he
shouldn't' make a judgement without there being sufficient reason to do
so, and the other party failing to turn up is not in itself a sufficient
reason.
>The non-attending defendant could always apply later to have the
>judgment set aside if he was unhappy with the judgment.
>
--
Mike_B |