27.9—[F1(1) If a party who does not attend a final hearing—
(a)has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;
(b)has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and
(c)has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,
the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.]
(2) If a claimant does not—
(a)attend the hearing; and
(b)give the notice referred to in paragraph (1)
the court may strike out(GL) the claim.
(3) If—
(a)a defendant does not
(i)attend the hearing; or
(ii)give the notice referred to in paragraph (1); and
(b)the claimant either—
(i)does attend the hearing; or
(ii)gives the notice referred to in paragraph (1),
the court may decide the claim on the basis of the evidence of the claimant alone.
(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out(GL) the claim and any defence and counterclaim.
Textual Amendments
F1Rule 27.9(1) substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 30
Commencement Information