Gamsby v Rowland - Mark Holmes, DWF
21/11/15. County Court at Birmingham, 22 September 2015, Before Deputy District Judge Rose – 22/9/15. A claim was dismissed after it was found to be fundamentally dishonest, resulting in the Claimant being ordered to repay an interim payment made to him and the Defendant’s costs. Mark Holmes takes us through his case of Gamsby v Rowland, where the judge made a finding of fundamental dishonesty, even though fraud was not pleaded against the Claimant. As a result of the finding of fundamental dishonesty, the Defendant was permitted to enforce not only the final costs order against the Claimant but also an interim costs order, arising from the Defendant’s successful application to resile from a pre-action admission of liability.
Background
The Claimant, Anthony Gamsby had sought damages for personal injury and a number of items of special damage following a road traffic accident on the 7 June 2013, involving a vehicle being driven by the Defendant, Vivien Rowland and a second vehicle driven by Charlotte Rothero. The Claimant’s version of events was that the Defendant had exited a side road and collided with Rothero’s vehicle pushing it into contact with his stationary parked vehicle...
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