The County Court Rules 1981

ORDER 21HEARING OF ACTION OR MATTER

Non-appearance by plaintiff

1.—(1) If the plaintiff does not appear on the day fixed for the hearing of an action or matter, the court may, without prejudice to any other power, strike out the proceedings or, if the defendant appears, proceed with the hearing in the plaintiff's absence.

(2) Where the court has received from the plaintiff an affidavit which is admissible in evidence by virtue of any Act or rule, he shall be deemed for the purposes of paragraph (1) to have appeared on the day aforesaid and to have tendered the evidence in the affidavit.

(3) Where any proceedings have been struck out under paragraph (1), the court may restore them to the list on application or of its own motion.

Failure by plaintiff to prove claim

2.—(1) If the plaintiff appears at the hearing of an action or matter but fails to prove his claim to the satisfaction of the court, it may, without prejudice to any other power, either nonsuit him or give judgment for the defendant.

(2) Where, after a plaintiff has been nonsuited, or proceedings have been struck out, and costs have been awarded to the defendant, a subsequent action or matter for the same or substantially the same cause of action is brought before payment of those costs, the court may stay the subsequent action or matter until they have been paid.

Non-appearance or admission by defendant

3.  If on the day fixed for the hearing of an action or matter the defendant—

(a)does not appear but the plaintiff proves his claim to the satisfaction of the court, or

(b)appears and admits the plaintiff's claim,

the court may give such judgment or make such order as may be just.

Counterclaims

4.—(1) The foregoing provisions of this Order shall have effect, with the necessary modifications, in relation to a counterclaim as they have effect in relation to a claim.

(2) A counterclaim may be proceeded with notwithstanding that judgment is given for the plaintiff in the action or that the action is stayed, discontinued, struck out or dismissed.

(3) Where it appears that the subject-matter of a counterclaim ought for any reason to be disposed of by a separate action, the court may of its own motion or on the application of any party order the counterclaim to be struck out or to be tried separately or may make such other order as may be expedient.

(4) Where a defendant establishes a counterclaim against the claim of the plaintiff and there is a balance in favour of one of the parties, the court may give judgment for the balance, but nothing in this provision shall be taken as affecting the court's discretion as to costs.

Registrar's jurisdiction

5.—(1) The registrar shall have power to hear and determine—

(a)any action or matter in which the defendant fails to appear at the hearing or admits the claim;

(b)any action or matter in which the sum claimed or the amount involved does not exceed £500; and

(c)by leave of the judge and with the consent of the parties, any other action or matter.

(2) In relation to an action brought to enforce a right to recover possession of goods, or to enforce such a right and to claim payment of a debt or other demand or damages, the reference in paragraph (1)(b) to the sum claimed or amount involved shall be construed as a reference to the aggregate amount claimed by the plaintiff, including the value of the goods or, in the case of goods let under a hire-purchase agreement, the unpaid balance of the hire-purchase price.

(3) Nothing in this rule shall prejudice any power conferred by any Act or rule on the registrar to hear and determine any other action or matter or authorise the registrar to exercise any jurisdiction conferred by any Act or rule on the judge alone.

Inspection by judge or jury

6.—(1) The judge by whom any action or matter is heard may inspect any place or thing with respect to which any question arises in the proceedings.

(2) Where an action or matter is tried with a jury and the judge inspects any place or thing under paragraph (1), he may authorise the jury to inspect it also.