Monthly Archives: October 2018

Fundamental Dishonesty: A Matter of Substance, Not Form

The case of Howlett v Davies [2017] EWCA Civ 1696 clarified a number of issues relating to fundamental dishonesty. Here, we review the relevant case law and what information professionals should be aware of going forward.
Fundamental Dishonesty – Howlett v Davies [2017]
The Court of Appeal provided clarification on two issues regarding fundamental dishonesty:

Definition for QOCS purposes
Requirement to plead

The Claimants brought claims for injuries and losses arising out of an alleged road traffic accident. At first instance, the Deputy District Judge had no confidence that the accident happened as described by the Claimants or at all, and found fundamental dishonesty despite it not having been pleaded. On a second appeal, the Court of Appeal confirmed that the Deputy District Judge had been entitled to do so.
1. Definition of fundamental…

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