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Both parties fail to attend final hearing

Where a judgment is given following a small claims hearing in which one of the parties did not attend or give the notice in r 27.9(1), on the application of that party the court has the power to set the judgment aside and order a rehearing so long as certain conditions are met (r 27.11(1)). These are if the applicant can satisfy the court that: • he had good reason for not attending or being represented at the hearing

or giving notice under r 27.9(1); and • he has a reasonable prospect of success at a hearing (r 27.11(3)).