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Fundamental Dishonesty: Blind Men and Elephants? - Patrick West, St John's Chambers

21/06/17. Me I'm dishonest, and a dishonest man you can always trust to be dishonest. Honestly it's the honest ones you have to watch out for, you never can predict if they're going to do something incredibly stupid” - Jack Sparrow, Pirates of the Caribbean.

Joking apart, Johnny Depp’s line rings true when it comes to QOCS cases and fundamental dishonesty. These cases come in two varieties:

  1. The sort of case where the dishonesty is blindingly obvious (e.g. the Claimant caught out by a surveillance camera).

  2. All the others.

A quick reminder of what we are talking about:

CPR 44.15 states that:

"(1) Orders for costs made against the claimant may be enforced to the full extent of such orders without the permission of the court where the proceedings have been struck out on the grounds that—

(a) the claimant has disclosed no reasonable grounds for bringing the proceedings;

(b) the proceedings are an abuse of the court's process; or

(c) the conduct of—

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