07-03-2026, 07:54 PM
Apologies for the late response but I am away on vacation for the next 2 weeks. I am currently on the road driving to Spain so will have very limited time to respond until after I arrive at my destination.
@Gooner, If the hearing is still listed and you cannot attend, you must send a written notice to the court under CPR 27.9, and you must copy Gladstones. That is not optional if you want the court to decide the case in your absence.
Keep it focused. Do not send a long emotional timeline. Send a short hearing note with the CPR 27.9 notice making these points:
1. You cannot attend and ask the court to decide the claim in your absence.
2. As a preliminary issue, the Claimant failed to pay the £27 hearing fee by 4pm on 19 June 2026. Paragraph 3 of the Notice of Allocation said the claim would be struck out automatically, without further order, if that fee was not paid by the deadline.
3. The court helpline has since confirmed that the fee was only paid on 25 June 2026. That was late. The Claimant therefore needed relief from sanction. You have seen no application for relief and no order granting relief.
4. You ask the judge to find that the claim was struck out with effect from 19 June 2026 pursuant to paragraph 3 of the Notice of Allocation.
5. If the judge does not accept that point, you ask the judge to refuse or give little weight to the Claimant’s late WS, which was also served after the deadline and after they had seen your WS.
6. If the claim is still considered, you rely on your Defence, your WS, your costs schedule, and your objection to the Claimant’s late evidence.
Your inability to attend is not ideal, but it does not mean you simply let Gladstones walk through this. The strongest point is now the late hearing fee. If the order said strike-out without further order, and the fee was not paid until 25 June, the Claimant should not be treated as having fixed the problem unless the court grants relief from sanction.
The hearing note should be short and headed as a CPR 27.9 notice and Defendant’s short written submissions. CPR 3.8 is the useful rule on sanctions: where a sanction applies for breach of a court order, it takes effect unless the defaulting party obtains relief.
@Gooner, If the hearing is still listed and you cannot attend, you must send a written notice to the court under CPR 27.9, and you must copy Gladstones. That is not optional if you want the court to decide the case in your absence.
Keep it focused. Do not send a long emotional timeline. Send a short hearing note with the CPR 27.9 notice making these points:
1. You cannot attend and ask the court to decide the claim in your absence.
2. As a preliminary issue, the Claimant failed to pay the £27 hearing fee by 4pm on 19 June 2026. Paragraph 3 of the Notice of Allocation said the claim would be struck out automatically, without further order, if that fee was not paid by the deadline.
3. The court helpline has since confirmed that the fee was only paid on 25 June 2026. That was late. The Claimant therefore needed relief from sanction. You have seen no application for relief and no order granting relief.
4. You ask the judge to find that the claim was struck out with effect from 19 June 2026 pursuant to paragraph 3 of the Notice of Allocation.
5. If the judge does not accept that point, you ask the judge to refuse or give little weight to the Claimant’s late WS, which was also served after the deadline and after they had seen your WS.
6. If the claim is still considered, you rely on your Defence, your WS, your costs schedule, and your objection to the Claimant’s late evidence.
Your inability to attend is not ideal, but it does not mean you simply let Gladstones walk through this. The strongest point is now the late hearing fee. If the order said strike-out without further order, and the fee was not paid until 25 June, the Claimant should not be treated as having fixed the problem unless the court grants relief from sanction.
The hearing note should be short and headed as a CPR 27.9 notice and Defendant’s short written submissions. CPR 3.8 is the useful rule on sanctions: where a sanction applies for breach of a court order, it takes effect unless the defaulting party obtains relief.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
