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PI Practitioner, October 2018

16/10/18. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for our PI Brief Update newsletter. Just select "Free Newsletter" from the menu at the top of this page and fill in your email address.

In this month's PI practitioner update we consider the case of Alpha Insurance A/S v (1) Lorraine Roche (2) Brendan Roche [2018] EWHC 1342 (QB) which concerns discontinuance and fundamental dishonesty. In this case Yip J considered the approach to be taken where, following discontinuance, a judge is considering an application for issues arising out of an allegation that a claim is fundamentally dishonest to be determined, pursuant to paragraph 12.4(c) of CPR Practice Direction 44.

Paragraph 12.4 states:
"12.4
In a case to which rule 44.16(1) applies (fundamentally dishonest claims) -
(a) the court will normally direct that issues arising out of an allegation that the claim is fundamentally dishonest be determined at the trial;
(b) where the proceedings have been settled, the court will not, save in exceptional circumstances, order that issues arising out of an allegation that the claim was fundamentally dishonest be determined in those proceedings;
(c) where the claimant has served a notice of discontinuance, the court may direct that issues arising out of an allegation that the claim was fundamentally dishonest be determined notwithstanding that the...

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