Adoko v Office for the Supervision of Solicitors

A default costs certificate cannot be challenged by appeal. The proper route is an application to set it aside under CPR 47.12, supported by evidence showing a good reason why detailed assessment should continue.

A challenge to the underlying costs order must instead be brought under section 49 of the Solicitors Act 1974 within the prescribed 14-day period. Where neither route has been properly pursued, and the relevant time limits have expired, the challenge cannot proceed.

The Solicitors Disciplinary Tribunal ordered Dr Adoko to pay the costs of disciplinary proceedings. After he failed to serve points of dispute, a default costs certificate was issued under CPR 47.9.

Dr Adoko first pursued private law proceedings, which were struck out as an abuse of process. Permission for judicial review was later refused because the statutory appeal route was appropriate and the challenge appeared hopeless. He then sought to challenge the default costs certificate before the Divisional Court. The central issues were the correct procedural route and whether any challenge remained available.

1. The application was dismissed. The court held that a default costs certificate is not appealable. The proper procedure is an application to set it aside under CPR 47.12.
2. An application under CPR 47.12 must be supported by evidence demonstrating a good reason why detailed assessment proceedings should continue. Dr Adoko had adduced no such evidence.
3. The underlying order requiring payment of costs was separately challengeable by appeal to the High Court under section 49 of the Solicitors Act 1974. That appeal had to be brought within 14 days of the decision being filed with the Law Society. The time for doing so had expired, and no such appeal had been made.
4. The route for challenging the default certificate had also not been pursued and was by then out of time. The court therefore concluded that Dr Adoko could not appeal against the certificate.

1. High Court: Private law proceedings challenging the Tribunal decision were struck out by Hooper J on 5 November 2001 as an abuse of process.
2. High Court: Lightman J refused permission for judicial review on 2 December 2002, holding that any challenge should have been brought by statutory appeal and that the challenge would in any event have been hopeless.
3. High Court (Administrative Court): The present application to challenge the default costs certificate was dismissed.