FUNDAMENTAL DISHONESTY FINDING SET ASIDE ON APPEAL

5 Responses

1. 

   nikgittins · November 2, 2016 at 12:36:39 · →

   Are the Claimant’s appeal costs protected from offset? I imagine they are as the appeal would be considered separate proceedings and the costs of the action were awarded to the Defendant in the original action.

2. 

   gexall · November 2, 2016 at 12:41:13 · →

   That is a very interesting question. QOCS can continue to apply to appeal https://civillitigationbrief.wordpress.com/2016/05/26/qocs-continue-to-apply-on-appeal-high-court-decision/ but I am not sure whether they would apply where a claimant was appealing in relation to a fundamental dishonesty finding and the judge upheld the original finding.

3. 

   nikgittins · November 3, 2016 at 13:47:26 · →

   I appreciate that the Defendant may only enforce without permission to the extent of recovered damages (in this case £nil) but I imagine they would feel particularly sore having an unenforceable costs order and in addition, being required to satisfy appeal costs with no right of offset. Ordinarily CPR r 44.12 would apply, but can it where QOCS are engaged?

4. 

   gexall · November 3, 2016 at 14:05:42 · →

   Kerry Underwood has written about this very https://kerryunderwood.wordpress.com/2016/10/11/qocs-appeals-set-off-kafka/

5. 

   nikgittins · November 3, 2016 at 14:28:20 · →

   I’ve posed the same question to Kerry; I think its a clear tension in the rules but fortunately I don’t think the scenario will arise very often.

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