There Are More Ways than One to Skin a Cat - Chris Booth Forbes Solicitors
05/12/16. A finding of fundamental dishonesty is not the only way to have QOCS dis-applied. CPR 44.15 is lesser known and is often overlooked in favour of CPR 44.16, however it provides defendants with another line of attack to dis-apply QOCS. Chris Booth, Partner at Forbes solicitors, looks at the lessons from a recent case where CPR 44.15 was successfully utilised.
In a recent RTA claim, Forbes on behalf of the defendant successfully secured a costs order in its favour and the strike out of the claim after the Court concluded that the claimant’s conduct interfered with the just disposal of proceedings.
Upon receipt of the claim, the Insured had serious concerns regarding the legitimacy of the allegations. It was alleged that as a result of a road traffic accident involving the defendant’s employee, the claimant suffered a personal injury. Liability was conceded but doubts remained over the extent of the claimant’s injuries.
Detailed investigations revealed that the claimant had a...