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Finding the correct approach to issues of fundamental dishonesty

In the recent case of Howlett v Davies, in October 2017, the Court of Appeal considered the correct approach to issues of fundamental dishonesty in what is a crucial decision for claimants and defendants alike.

Since 2013, claimants in personal injury cases have had the benefit of Qualified One-way Costs Shifting (QOCS), meaning that if they lose their claim they do not have to pay the defendant’s costs.

However, the important point is that costs protection is lost if the claim is “fundamentally dishonest” and the claimant will then have to pay the defendant’s costs. At first instance, the Deputy District Judge found for the defendant insurer. The case was appealed to the Court of Appeal.

Sarah Pether, an associate in our Litigation and Dispute Resolution team, has prepared a detailed article on this case and its conclusions, outlining why care should still be taken when drafting a defence to ensure that the claimant is given fair warning of the defendant’s contentions before the case comes to trial.

You can view this case study by clicking here.

If you would like to find out more about the services Sarah and the team can offer you and how our litigation and dispute resolution team can support you with legal matters, contact Sarah directly by emailing or speak to the team today by calling 01482 325242

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