Non-attendance by the parties at trial

Published by a LexisNexis Dispute Resolution expert
Practice notes

Non-attendance by the parties at trial

Published by a LexisNexis Dispute Resolution expert

Practice notes
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This Practice Note considers the impact of non-attendance by parties at trial under CPR 39.3. For guidance on non-attendance by a party at an interim hearing, see Practice Note: Determination of an application at a hearing—Non-attendance by a party—when will the court proceed in the absence of a party?

What can I do if I am unable to attend trial?

Where a party is unable to physically attend trial, there are a number of options available to it:

  1. a party may be able to attend remotely. For guidance, see Practice Note: Remote and hybrid hearings in civil proceedings

  2. if the party’s legal representative attends court, the party is deemed to be present at trial—see: When a party is deemed to be present?

  3. make an application to adjourn the trial. For guidance, see Practice Note: Adjourning trial

Where a party is unable to attend trial and none of the above options have been used, the court may dispense with that party’s attendance. An example can be seen in Wolverhampton City Council v Persons

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Dispute resolution definition
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pension scheme disputes between the member and the trustees can be resolved using a range of different methods including internal dispute resolution, TPAS, which operates a network of volunteer advisers, the Pensions Ombudsman, the courts and alternative dispute resolution by way of arbitration or mediation.

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