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Civil Litigation Section

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

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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.

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