Fundamental Dishonesty: Exceptions to QOCS and Dismissal of Genuine Claims - Paul Brandish, Horwich Farrelly
21/06/15. Paul Brandish, Partner at Horwich Farrelly, comments that the courts have shown a real willingness to withdraw QOCS protection and considers "fundamental dishonesty" in the context of the CJCA 2015.
The amendments to CPR following the implementation of LASPO 2012 introduced qualified one way costs shifting (QOCS) with a number of exceptions, most notably "fundamental dishonesty".
Some commentators have suggested that the application of QOCS exceptions and the consequential loss of QOCS cost protection is a rare occurrence. However, this has not been borne out of our experience.
As more and more cases where QOCS applies have reached trial we have seen an increased frequency of Judges finding fundamental dishonesty in fraud and Low Speed Impact cases. Some of these decisions have been against claimants who would normally be considered as beyond reproach, such as teachers...
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![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
