Cannot Attend Your Trial? A Quick Insight On CPR 39.3(3)

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The moral of the story is… if you do not turn up at court, you do not get heard. According to CPR 39.3(3), courts have the authority to proceed with the trial even when one of the parties do not attend. So when your lawyer tells you that your attendance is mandatory, you may want to take that advice. However, if you have strong mitigating circumstances, you will find that CPR 39.3(3) provides an extremely helpful solution. Let’s assume that during your absence, the court gives judgment or makes an order against you. In this case, you can make an application under CPR 39.3(3) to apply for judgment or to set aside the order. An application will likely be successful if these two points are satisfied – First, you act promptly and second, you provide concrete evidence that justifies that you had good reasons not to show up. Read More