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03 November 2017
Issue: 7768 / Categories: Legal News
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Court of Appeal rules on fundamental dishonesty

Trial judges can make findings of ‘fundamental dishonesty’ even if it has not been specifically alleged, the Court of Appeal has held.

Howlett v Davies and Ageas Insurance [2017] EWCA Civ 1696 is the first case to consider the meaning of fundamental dishonesty since the Jackson reforms.

The Howletts were passengers in a car driven by Davies, who was insured by Ageas. Ageas did not expressly plead that the claim was fraudulent or ‘fundamentally dishonest’ but did cast doubt on the veracity of the claim.

The trial judge dismissed the claims and found them to be ‘fundamentally dishonest’. He gave permission for a costs order to be brought against the claimants, as an exception to QOCS (qualified one-way costs shifting).

The claimants appealed, arguing that the judge could not make a finding of fundamental dishonesty as that allegation had neither been raised in the defence nor adequately dealt with in cross examination.

Handing down judgment this week, however, the Court of Appeal unanimously dismissed the appeal, stating that the claimant knew issues

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NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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