An order refusing to adjourn a trial because of the appellant's failure to attend due to illness, thereby resulting in the dismissal of the action, had not been an error by the trial judge since on the evidence before him he was entitled to conclude that the appellant had not been medically unfit to attend. However, on the basis of fresh material, the order would be set aside since it had made out a case that the appellant had been medically unfit to attend.

[2005] EWCA Civ 912