Small Claims - Recommencing original claim

[Orchard]

A friend of mine (the defendant) did not turn up for a recent small claims court hearing. The plaintiff didn't turn up either. (This is unusual I know). The court 'threw the case out'.

Now the plaintiff has re-submitted the claim and the district court clerk has contacted my friend to say the claim is due back into the court.

Is this allowed / a correct application of the law?

 

[mf1]

"Is this allowed / a correct application of the law?"

The matter has not been resolved. Just because both parties, for whatever reasons, did not attend the first time, it does not mean by default that the matter has ended.

And the Court has clearly allowed the matter to be admitted?

Your friend should consider showing up next time!

mf

 

[Leper]

The Plaintiff and the Defendant failed to show up . . . what a waste of taxpayers money! Get on with the job . . . or get off the pot! Second Bite of the Cherry - Crazy if allowed.

 

[Orchard]

'Has the Court has clearly allowed the matter to be admitted'?

Yes. At last I got to talk to the District Court Clerk on the phone today and the case is going to progress. It seems neither the plaintiff nor the defendant were certain that the case was going to be heard on the day it was due (even though they had been told it was set for that day, they didn't receive this notice in writing). C'est la vie.