Horizon Proceedings

[b789]

@Gooner That is the problem. In theory, the court should confirm the strike-out, but in practice the notice may not arrive before the hearing date. Unlike a discontinuance, where the Claimant or solicitor would normally serve a copy of the N279, an automatic strike-out for non-payment of the hearing fee often just sits in the court system until admin eventually catches up.

So do not rely on receiving written confirmation in time.

The practical position is that he claim should already be struck out if the fee was not paid by 4pm on 19 June, because that is what the Notice of Allocation says. However, unless the court confirms that the hearing has been vacated, you should assume there is still a risk it remains on the list.

Keep checking with the court shortly before the hearing and ask the specific question: “Is the hearing on 17 July still listed?” Not “has the case been struck out?”, because the helpline may not be able to confirm that.

Do not contact the incompetents Gladstones about the unpaid fee.

If you get to court on 17 July and are told the hearing is not listed or has been vacated, do not simply leave. Ask the usher whether the matter can be put before a District Judge there and then for a brief consequential order, because you have attended unnecessarily due to the Claimant’s failure to pay the hearing fee.

Have with you:

1. the Notice of Allocation;
   
2. your email asking for confirmation of strike-out;
   
3. your costs schedule;
   
4. proof/notes of the calls confirming the fee had not been paid;
   
5. proof of your attendance costs for that day.
   

The point to make to the usher is simple:

"The order says the claim was struck out without further order if the Claimant did not pay the hearing fee by 4pm on 19 June. I have attended because the court did not confirm the hearing had been vacated. I ask that this be put before a District Judge today for confirmation of strike-out and costs, including the wasted costs of today’s unnecessary attendance."

If the usher says no judge is available, ask them to note on the file that you attended, that you were told the hearing was not proceeding, and that you asked for the costs issue to be placed before a judge.

Do not argue with the usher. They cannot make the order themselves. The objective is to get the attendance recorded and, if possible, get the file in front of a judge that day.

If they will not do anything, make your own attendance note immediately before leaving the building. Record the time you arrived, who you spoke to if known, what you were told, and that you asked for the matter to be put before a judge.

Then send an email to the court from the court building or immediately afterwards saying that you attended for the listed hearing, were told it was not proceeding, had not been notified in advance, and now seek confirmation of strike-out and costs including the wasted attendance costs.