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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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THIS CASE SHOULD HAVE BEEN ISSUED IN CARDIFF; HEARD IN THE COUNTY COURT AND THERE SHOULD HAVE BEEN A SPLIT TRIAL: HIGH COURT ISSUES A WARNING

THIS CASE SHOULD HAVE BEEN ISSUED IN CARDIFF; HEARD IN THE COUNTY COURT AND THERE SHOULD HAVE BEEN A SPLIT TRIAL: HIGH COURT ISSUES A WARNING

March 3, 2025 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content, Personal Injury

We are returning to the judgment of Mr Justice Cotter in Boyd v Hughes [2025] EWHC 435 (KB).  At the conclusion of the judgment there is a very clear warning that this case: (i) should not have been issued in the…

DISHONEST EXAGGERATION WAS NOT SUFFICIENTLY SIGNIFICANT TO AMOUNT TO FUNDAMENTAL DISHONESTY: THIS WAS DISHONEST EMBELLISHMENT TO UNDERPIN AN ESSENTIALLY HONEST CLAIM

DISHONEST EXAGGERATION WAS NOT SUFFICIENTLY SIGNIFICANT TO AMOUNT TO FUNDAMENTAL DISHONESTY: THIS WAS DISHONEST EMBELLISHMENT TO UNDERPIN AN ESSENTIALLY HONEST CLAIM

March 3, 2025 · by gexall · in Damages, Fundamental Dishonesty, Members Content, Personal Injury

In Boyd v Hughes [2025] EWHC 435 (KB)  Mr Justice Cotter decided, by the very narrowest of margins, that the claimant’s deliberate exaggeration of her claim did not amount to fundamental dishonesty.    There was some exaggeration of the effect…

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