Judgment on non-attendance of party at trial (rule 39.3 and PD39A paragraph 2)

Published date21 March 2018
Subject MatterKing's Bench forms
Particulars of claim____In the

PF 83

Judgment on non-attendance of party at trial

(rule 39.3 and PD39A paragraph 2)

[IN THE HIGH COURT OF JUSTICE

[ ] DIVISION

[ ] District Registry]

[In the County Court sitting at . . . . . . . . ]

Claim No.

Before (Judge’s title and name)

Claimant

Defendant

This claim having been called on before (Judge’s title and name) without a jury at (state the venue of the trial)

And the defendant having failed to appear and on proof of the claimant’s claim

or

And the claimant having failed to appear [and on proof of the defendant’s counterclaim]

And the Judge having ordered on (date) that judgment be entered for the (party) against the (party) as set out below:

IT IS ORDERED that:

1. the defendant pay the claimant the sum of £. . . . . . ., on the claim [and that the defendant’s counterclaim be struck out].

or

2. [the claimant pay the defendant the sum of £. . . . . . . . on the counterclaim and] that the claim be struck out.

3. the (party) pay the (party’s) costs [summarily assessed in the sum of £ ] [to be the subject of a detailed assessment if not agreed].

Dated

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