header-logo header-logo

23 November 2017 / Dominic Regan
Issue: 7771 / Categories: Opinion , Profession , In Court
printer mail-detail

Lies, fibs & the F word

nlj_7771_regan

Post-Howlett, defendants will relish the latitude provided to them, but claimants will be less content, says Dominic Regan

‘I sound a word of caution: lies are told in litigation every day up and down the country and quite rightly do not lead to a penalty being imposed in respect of them.’ So said the ever worldly Lord Justice Ward in Widlake v BAA [2009] EWCA Civ 1256, [2009] All ER (D) 246 (Nov).

Fraud is an achingly popular assertion in all manner of civil disputes today. What though is required of a defendant who wishes to pursue this line at trial? Is fraud to be explicitly pleaded? The Court of Appeal has recently addressed this point in Howlett v Davies and Ageas [2017] EWCA Civ 1696, [2017] All ER (D) 52 (Nov) (see ‘Civil way’, p 13).

The incident

This was a personal injury case where, if fundamental dishonesty was made out, the claimants would forego the costs protection generally afforded by qualified one-way costs shifting. However, the guidance of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll