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PI Brief Update

Editorial: Failing to Attend Trial - Aidan Ellis, Temple Garden Chambers

18/04/12. This month I have been plagued by an unusual number of cases in which the claimant has failed to attend court on the day of trial. The result of many of these absences is that the case is struck out. Where a claim is struck out because the claimant fails to attend trial, he or she can apply for the case to be reinstated. But the court may only grant such an application if the claimant can show that (1) he acted “promptly” when he became aware of the strike out and (2) that there was a “good reason” for failing to attend trial and (3) that he has a “reasonable prospect of success” at trial (CPR 39.3(5)). As set out below, claimants should not be under the illusion that...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.