If you find yourself unable to attend the trial of your small debt claim in the English Courts, it's important to consider your options carefully to ensure that your interests remain protected. Here are several courses of action you might take:

1. Apply to Court to Change the Hearing Date

If your absence on the scheduled trial date is due to unavoidable reasons, such as a medical emergency, significant pre-existing commitments, or unforeseen circumstances, you can apply to the Court to change the hearing date. This process involves:

• Filing an Application: You will need to fill out and submit an application form (usually Form N244) to the Court where your hearing is scheduled.
• Providing Evidence: It’s crucial to provide evidence supporting the reasons for your request, such as a doctor's note in the case of a medical emergency.
• Payment of a Fee: There might be a fee associated with this application, though fee exemptions or remissions may apply depending on your financial situation.
• Impact on the Case: Be aware that the Court may not always grant a postponement, especially if the reasons are not considered sufficient or if it will cause significant delay or inconvenience to the other party.

2. Inform the Court You’re Happy for the Hearing to Proceed in Your Absence

If you are unable to reschedule the hearing but believe that your case documentation and written submissions are strong, you might choose to inform the Court that you are willing for the hearing to proceed in your absence. This option involves:

• Notifying the Court: Write to the Court (and to your opponent) explaining your inability to attend and explicitly state that you are content for the hearing to go ahead without you.
• Submitting Comprehensive Documentation: Ensure all your evidence, including witness statements and any legal arguments, are submitted to the Court in advance. The clearer and more comprehensive your documentation, the better your chances of a favorable outcome even if you are not present to argue the case personally.

3. Risks of Not Turning Up Without Notifying the Court

Choosing not to attend the trial without any prior notice or arrangement with the Court is very risky and generally not advisable because:

• Judgment by Default: The Court may proceed in your absence and could potentially dismiss your claim if it deems that your absence signifies a lack of interest in pursuing the case.
• Favouring the Opponent: Your absence allows the defendant a stronger position to present their case unchallenged, which could result in a judgment against you, especially if their defence raises issues that your written submissions alone do not address.

4. Negotiating a Settlement Before the Hearing

An alternative to attending the trial is to reach out to the opposing party to negotiate a settlement. This can be an effective way to resolve the dispute without needing a Court hearing, particularly if both parties wish to avoid the costs and time associated with continued litigation. Consider:

• Mediation or Direct Negotiation: You might propose mediation, where a neutral third party can help facilitate a settlement. Alternatively, direct negotiations with the opponent can lead to a mutually agreeable resolution.
• Formalizing the Agreement: Any settlement reached should be put in writing, detailing the terms agreed upon and signed by both parties. This document can then be sent to the court to substantiate the discontinuation of the hearing due to a resolved dispute.

Conclusion

If you find you cannot attend your trial for a small debt claim, it is crucial to handle the situation proactively to safeguard your legal rights and interests. Do not simply bury your head in the sand and hope the hearing will go away! Applying to change the hearing date, informing the Court of your willingness to proceed in your absence, or negotiating a settlement are viable options. Each has its merits and potential drawbacks, depending on the specifics of your case and your ability to provide comprehensive documentation or negotiate effective settlement terms. It is highly recommended to communicate clearly and timely with the Court and the other party to manage the expectations and legal procedures effectively.