Howlett & anor v Davies & anor [2017] EWCA Civ 1696

Travel sickness claims: Ill-gotten gains

Dr Robert Whittock considers the causation hurdle faced in claiming for travel sickness on package holidays ‘Claimants who consume food or drink outside the package prior to falling ill are likely to find proving causation to be even more difficult.’ Over the last few years travel sickness claims have increased by 500% despite reports of …

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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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Conduct: Lying to the court

In the second of two articles, Suzanne Chalmers and Jack Macaulay report on dishonesty in the presentation of a claim ‘Claims that are entirely concocted are legally straightforward – if the truth is discovered, the claim will fail; if not, it will succeed. The law has had more difficulty in responding to claims where there …

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Costs: The limits of dishonesty

Paul Jones looks at the effect of fundamental dishonesty on QOCS ‘A claimant who brings an unsuccessful personal injury claim will only lose their protection against adverse costs if they have passed beyond dishonesty into the murkier realms of “fundamentally dishonest”.’ The American lawyer Clarence Darrow (most famous for his role in the Scopes Monkey …

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