An important decision for all personal injury practitioners: the Court of Appeal considering fundamental dishonesty in QOCS protected claims.

Published: 31/10/2017 | Costs, News

“Howlett v (1) Davies (2) Ageas Insurance Ltd [2017] EWCA Civ 1696, CA 30 October 2017.

The Court of Appeal approved the interpretation of the meaning of “fundamental dishonesty” reached by HHJ Moloney QC in Gosling v (1) Hailo (2) Screwfix. Further, it was clarified that (1) there is no requirement to plead fundamental dishonesty in a QOCS protected matter, but a defence should set out facts from which the Judge is to be invited to infer that a claimant did not suffer the injuries asserted, and (2) for the purposes of cross-examination, the obligation on a defendant is to give the claimant fair notice of a challenge to her honesty and an opportunity to deal with it, as opposed to a formal requirement to explicitly put to the witness that they are “dishonest” or “lying”.”