Orders made in party’s absence

Kampichler v Moore & Blatch (a firm) [2008] EWHC 404 (QB); SJ 8 April p 29

The claimant sued his solicitors for alleged negligence in advising him in a personal injury action. His action was dismissed with costs and the claimant was ordered to serve points of dispute in respect of the defendants’ bill of cost, but failed to do so. Extensions of time were granted and eventually an order was made that the solicitors could apply for a default certificate if the claimant failed to serve points of dispute by a certain date. The claimant issued an application to set aside that order on the ground that the dismissal of his negligence action had been obtained by fraud. The claimant wrote to the court stating that he would be in hospital at the date of the hearing of his application and would therefore be unable to attend. Nevertheless at the hearing, a default cost certificate was issued and an order made that unless the claimant commenced detailed assessment proceedings in respect of the cost awarded to him, those costs would be disallowed.