Wilkinson v Wilkinson: CA 1962

Absence of legal representative from a hearing of which he had been notified. Physical absence was considered as absence for the purpose of such a rule.
Ormerod LJ held that the provision in the Matrimonial Causes Act should be construed as meaning that physical absence was ‘absence’.
Wilmer LJ said that ‘absence’ was the opposite of physical presence and that a person could apply to have a decree reversed provided he furnished a satisfactory reason for his absence.
Danckwerts LJ said that ‘absence’ could only mean ‘physical absence’. He said it then became a matter for the discretion of the court whether the decree should be reversed.

Ormerod LJ, Wilmer LJ, Danckwerts LJ
[1962] 3 WLR 1, [1963] P 1, [1962] 1 All ER 922
England and Wales
Cited by:
CitedRidehalgh v Horsefield; Allen v Unigate Dairies Ltd CA 26-Jan-1994
Guidance for Wasted Costs Orders
Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an . .

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Legal Professions, Costs

Updated: 19 November 2021; Ref: scu.279006