FUNDAMENTAL DISHONESTY A DOZEN THINGS TO THINK ABOUT: A RECAP
Given recent decisions on fundamental dishonesty this may be a good time to rake over some key points. “I assure the Committee that the way that the clause is drafted should not result in the courts using the measures lightly….
INAPPROPRIATE USE OF PART 8 PROCEDURE: “AN ENTIRELY UNSATISFACTORY WAY TO PROCEED”: HIGH COURT DECISION
In Victory House General Partner Ltd v RGB P&C Ltd [2018] EWHC 102 (TCC) Miss Joanna Smith QC (sitting as a Deputy) was clear in her view that a claimant had used the Part 8 procedure inappropriately. “In my judgment this…