Attendance In Absentia: What Counts As "Attending A Hearing"?

Owen v Black Horse Ltd [2023] EWCA Civ 325

Abstract

In Owen v Black Horse Ltd [2023] EWCA Civ 325, the Court of Appeal considered the phrase "if a claimant does not attend the hearing" within the context of the small claims track as governed by CPR Part 27. The key issue was whether, for the purpose of CPR r 27.9, the claimant had "attended the hearing" when he himself had not been present, but his legal representative had. A subsidiary question considered by the Court of Appeal was whether the meaning of the phrase "attend the hearing" in the small claims provisions of the CPR is different to the meaning in the provisions that apply to more valuable claims. Read our case comment here to find out whether the same phrase does mean the same thing, even if the context of the small claims track is very different to the other contexts in which the CPR uses the same phrase.