PI Practitioner, March 2017
16/03/17. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for our PI Brief Update newsletter. Just select "Free Newsletter" from the menu at the top of this page and fill in your email address.
Failure to attend trial (CPR 39.3)
The provisions in 39.3 may be all too familiar to those with practices focused in the County Court. The court has the power to proceed with a trial in the absence of a party [39.3(1)]. Where the Claimant fails to attend, the court may strike out his claim and any defence to a counterclaim [39.3(1)(b)]; where the Defendant fails to attend, the court may strike out his defence or counterclaim [39.3(1)(c)].
However, a party whose claim or defence has been struck out in this way is...