DEFENDANT NOT PERMITTED TO PLEAD FUNDAMENTAL DISHONESTY ON A SPECULATIVE OR CONTINGENT BASIS

In  Mustard v Flower & Ors [2021] EWHC 846 (QB) Master Davison refused a defendant's application to amend its defence to plead fundamental dishonesty on a "contingent" basis.  The judgment deals with important issues as to how a defendant must approach a pleading of dishonesty.

 
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