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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

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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