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i am due in court next week for a small claims hearing, I found

out on monday that i...
i am due in court next week for a small claims hearing, I found out on monday that i have to have a emergency operation 2 days before the hearing as I have been told I have cancer, does anyone if the court will look to change the date.
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Answered in 1 minute by:
9/26/2013
James Mather
Category: UK Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
Verified
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

I assume this will prevent you from attending court?
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Customer reply replied 4 years ago

yes i will not be able to attend,

as you found out on Monday (I appreciate you may have had all the things on your mind) why did you not contact the court immediately.
are you the claimant or the defendant?
Presumably you have a letter confirming the date and confirming that this is an emergency last minute appointment. Please confirm
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Customer reply replied 4 years ago

I am the defendant, I have not got a letter as I was told face to face but I have spoke to my doctor and he will give me a letter to send to the court

You should have dealt with this on Monday as soon as you know.you need a letter today, because currently, you are at risk of getting a costs order against youif you delay any more
I appreciate that you may have had other things on your mind on Monday.

You need to contact the court today and let them have a copy of the letter, and explain the circumstances. Do it all in writing and tell them on the telephone that you are sending the letter. Ask them to put it in front of the judge as soon as possible to ask for an adjournment of (28 days?). Apologised to the court in the letter but explained that you had no notice of this and it is completely outside your control and obviously of an urgent medical nature. You must explain that this is entirely beyond your control and you had no way of knowing that this would rear its head so quickly or on such an immediate basis.

Also do exactly the same as everything I have written above with the other side. Ask them to confirm that they will raise no objections
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PS. I use voice type, voice recognition typing because I only type with two fingers and it would take me ages. Sometimes, a computer does not hear me correctly and you will get an incoherent word. I do try to but sometimes they slip through. I apologise therefore if anything doesn’t make sense. It is me losing it, not you. Just ask if anything is not clear please.
James Mather
Category: UK Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
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Category: UK Law
Satisfied Customers: 22,629
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