PI Brief Update

QOCS: The Strike Out and Fundamental Dishonesty Exceptions in Action - Rebecca Jones, Hardwicke

25/08/16. There are still relatively few findings of fundamental dishonesty being made by Courts. Despite the fact that this is obviously an important exception to the QOCS regime, the fundamental dishonesty threshold is proving a difficult hurdle for Defendants to meet. This article explores a recent finding of fundamental dishonesty and the lessons that can be learned by Claimants and Defendants in such cases.

The Facts

This case arose out of claims brought by three Claimants for injuries arising out of a road traffic accident which had allegedly occurred on 12 December 2013. It was alleged that the First Claimant had been driving along a major road, with the Second and Third Claimants as passengers, when the First Defendant had suddenly emerged from a minor road, in to a collision with the nearside of the vehicle in which the Claimants were travelling.

All three Claimants brought claims for personal injury and the First Claimant also brought a claim for vehicle damage and physiotherapy. Despite all three Claimants being represented by the same firm of Solicitors, the claims were not initially issued together, with the Third Claimant’s claim being brought by way of separate proceedings which were issued around one month after the First and Second Claimants’ claims. The claims were later consolidated by consent and proceeded to trial together.

The Second Defendant was the insurer of the First Defendant, however...

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