header-logo header-logo

Lies, fibs & the F word

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll