"FUNDAMENTAL DISHONESTY" A ROUND UP OF CASES & COMMENTARY
The earlier post on the procedural aspects of “fundamental” dishonesty led to the most visitors to the blog in a weekend ever. Here we look at posts, articles, comments and cases in relation to the concept of fundamental dishonesty.
REPORTED CASES ON FUNDAMENTAL DISHONESTY
The cases to date have been at first instance. We are reliant to a large part upon reports of those cases rather than transcripts.
- Forbes insurance report on the first instance decision in Gosling -v- Screwfix in QOCS disapplied after Claimant found “fundamentally dishonest”.
- Temple Garden Chambers report Finding of Fundamental Dishonesty and an order for indemnity costs made against London bus driver following dishonest injury claim.
- Chris Booth reports a number of cases where QOCS was disapplied in QOCS and Fundamental Dishonesty.
- Litigation Futures reports on the Severn Valley case in QOCS disapplied in rare “fundamental dishonesty” ruling.
- Litigation Futures on a case where QOCS protection lost after court finds claimant faked injury.
- Shakespeares report on the Gosling case in QOCS bites with first taste of “fundamental dishonesty”.
- Jayne Doore of Shakespeares picks this up again in QOCS:A work in progress.
- Pump Court Chambers report on the Gosling case in Fundamental Dishonesty – Gosling -v- Screw Fix.
- Kerry Underwood reviews the Hayward case in Exaggeration = Fraud – Key Court of Appeal case.
- Black Letter PR report Law firms need to rethink approach under “fundamental dishonesty” rule.
- Patrick West considers the issue in his more general consideration Beat the QOCS
- The After the Event Insurance Blog ask It’s Fundamentally Dishonest (or is it?)
- Scott Rees on Fundamental Dishonesty Clause Could Encourage Spurious Fraud Allegations.
- Bolt Burdon Kemp on Fundamental Dishonesty.
- Hodge Jones & Allen on What is “Fundamental Dishonesty” and how will it impact upon personal injury claims
- Lexis Nexis Dispute Resolution Blog helpfully review some of the observations made in the House of Lords in Criminal Justice and Courts Act 2015.