Re: Urgent advice required - last-minute adjournment of Small Claims Court hearing


"Trent SC" <invalid@.invalid.invalid> wrote in message
news:JYudnSvzxdEYHMHXnZ2dnUVZ8nKdnZ2d@xxxxxxxxxxxxxxxxxxx
I think I'm up the creek without the proverbial paddle, but any advice
would be most welcome.

I am the claimant in a Smalls Claims Track hearing scheduled for tomorrow
afternoon. The case hinges around the functional capabilities of a
website that the defendant commissioned, then cancelled. I spoke to the
listings office at the country court about 8 weeks ago and was advised to
put in a request for internet access a few days prior to the case, which I
did yesterday. I was told yesterday that this should have been requested
some considerable time ago, and that internet access was not available.

Given that the site is fairly complex, it will not automatically run on a
standalone computer, and requires the configuration of additional software
to ensure that the site will function in the same way as on a web server.
I therefore requested that an adjournment be granted in order that I can
prepare my laptop for this - around a week is more than sufficient.

The listings officer told me that at this late stage it's possible that
the application will not be heard, and that it will simply be added to the
file
for the judge to look at /during the hearing/.

Help! Laptop technicalities aside, what can I do to ensure that the
application for the adjournment is at least heard before the case?

Appreciate that this is very last-minute.


Why is the website itself relevant? The defendant commissioned you to do
some work. He cancelled. The reason for his cancellation are only relevant
if you contractually failed to provide the site. In which case there is
just as much onus on him to prove you weren't capable to provide the site as
per contract, i.e. as per specification and timescale.

I doubt a judge will understand the complexities of a site, and compare
contractual terms with the real site?

Did he cancel before or after the site was delivered or any interim
demonstration?

I have dealt with someone who provided a website. In this instance I made
it clear and continued to remind them the site had to have certain features,
but the writer knew different and better. It was beyond their capability.
Needless to say the site never got used and the bill was never paid.


.

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