Mr R complained that HM Courts & Tribunals Service (HMCTS) did not give him enough information on court form N157, that the court did not send him guidance and that the court did not give a judge a letter that said Mr R was not going to be at the hearing.
What happened
Mr R said he followed the instructions on the form HMCTS had sent him but the judge struck out his case because he did not follow all the rules he had to. HMCTS did not send Mr R a guidance leaflet that might have helped him understand what to do before his hearing. Mr R said he had a strong case to win £500 but lost the chance and had to pay £90 in court fees. Mr R said he suffered stress, and he wanted £600 in compensation.
What we found
We partly upheld the complaint. Nothing suggested that the court did not put the letter on file for the judge to see. But HMCTS should have given Mr R clear, complete and accurate information about what to do, and it should have sent Mr R its guidance or referred him to it. He suffered frustration and stress, and was left having to make the difficult decision of whether or not to apply to have the judgment (that the case be struck out) cancelled. Mr R should not have had to escalate his complaint to us.
Putting it right
HMCTS apologised to Mr R and paid him £100 in compensation. It also reviewed the literature it gives litigants before a hearing, in particular the court form N157, to make sure it gives clear, complete and accurate information in line with The Civil Procedure Rules.
HM Courts and Tribunals Service (HMCTS)
UK
Not applicable
Apology
Compensation for non-financial loss
Recommendation to change policy or procedure