I am grateful to barrister Mark Roberts for sending me a copy of the decision of HHJ Gargan in Wise -v- Hegarty & Alpha Insurance (9th July 2019) a copy of which is available here. OT APPROVED CRAWFORD D10YJ706 WISE HEGARTY ALPHA 09.07.19 (MIDD) - J v4
It involved a finding of fundamental dish...
It is also worth pointing out and forgive me for not sending the order which confirms this, that in terms of QOCS being overturned, both the Claimant and the First Defendant were ordered to pay the costs.
Mark Roberts