Gosling v Hailo & anor (2014) unreported HHJ Moloney QC Cambridge CC 29 April

Fundamental dishonesty: To plead or not to plead?

James Henry gives invaluable advice on whether allegations of dishonesty need to be formally pleaded ‘It was clear to the judge that the Howletts‘ honesty was in issue and he appears to have stated at the outset of the trial that dishonesty and exaggeration were matters which he would have in mind.‘ It is commonplace …

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Fundamental Dishonesty: The truth of the matter

Hannah Saxena examines the ability of the court to set aside qualified one-way costs shifting ‘You might have thought that with an entirely new phrase being added to our vocabulary, with potentially serious consequences, that guidance would be forthcoming with exactly what was intended by the phrase fundamental dishonesty.’ Two and a half years ago …

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Fundamental Dishonesty: QOCS CPR 44.16 – claimant caught ‘bang to rights’

Patrick West looks at the growing impact of one of the most important costs consequences of the Jackson reforms and what it means for parties seeking to recover their costs ‘A Part 36 offer, if effective, will wipe out a claimant’s damages by permitting enforcement of a costs order in favour of the defendant capped …

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