Communities

Law Society Communities

Our communities help you develop in your professional life and make the most out of your Law Society

Find out more

Civil Litigation Section

Claimant found to be 'fundamentally dishonest', although it was not pleaded

  • Print
  • Share
  • Save

Related images

  • Crossed fingers

The Court of Appeal has ruled that a district judge was entitled to find that a civil claimant was fundamentally dishonest – despite the term not being expressed by the defendant during trial.

In Howlett & anor v Davies & anor, Lord Justice Newey backed the decision to throw out the claim after defendants raised suspicions about the details.

The personal injury claim followed a low-speed road traffic accident in March 2013 that was contested by insurer Ageas, which insisted the accident had been unlikely to cause injury.

The claimants, mother and son Lorna and Justin Howlett, now face losing qualified one-way costs protection and will be required to pay the defendant’s costs.

  • Print
  • Share
  • Save
Civil Litigation Section renewals

Benefits of Membership*

The Civil Litigation Section will provide you with support, advice, networking opportunities and enable the sharing of best practice with peers.

The current Section Engagement programme has been created in consultation with the Section Committee and will focus on key issues including:

These issues will be addressed through a range of activities including: Seminars, Workshops, Webinars, Conferences,
E-newsletters, Magazines and Twitter.

*See Section terms and conditions

Join today