Summers v Fairclough Homes Ltd [2010] EWCA Civ 1300; [2012] UKSC 26

Fraud: QOCS and fundamental dishonesty

Luka Krsljanin explores cases that highlight the exceptions to the default QOCS rules ‘In many cases, the application of the QOCS rules will have stark consequences for a successful defendant – and beneficial ramifications for the unsuccessful claimant.’ This article provides a practical guide to the cases in which courts have considered when the protection …

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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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Surveillance: Are you being watched?

Patrick Vincent and Tom Banks analyse the effect of costs budgets and the new case management powers ‘The principle that defendants ought to be able to gather surveillance without telling the claimant is impossible to reconcile with advertising the existence of surveillance in a budget forecast.’ Surveillance is a familiar battleground for PI lawyers. But …

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