||All England Reporter
|| All ER (D) 259 (Mar)
|| EWHC 404 (QB)
||Queen's Bench Division
||18 March 2008
Costs - Order for costs - Claimant being represented by defendant firm of solicitors in action to recover damages - Claimant commencing proceedings for negligence against defendant - Judge finding defendant not negligent but finding that defendant owing claimant money - Subsequent hearing taking place and orders being made in claimant's absence due to his hospitalisation - Whether judge erring.
Where the claimant had commenced proceedings against the defendant firm of solicitors, alleging that he had been negligently advised by them, and the judge found that the defendant owed him 14,383, in a subsequent application made by the claimant where the judge ordered, in the claimant's absence, inter alia, that unless the claimant commenced detailed assessment proceedings in respect of his own costs relating to the 14,383 those costs would be disallowed, the judge had been wrong to make the important orders he had made when the claimant had been in hospital and had informed the court of his position.
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