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Acted for Defendant involved in a suspected staged accident involving a ‘stooge’ vehicle. Positive pleading of fraud. Matter proceeded to trial however Claimants discontinued in the last few minutes of the working day before trial.
Defendant did not wish to accept discontinuance with no enforceable order for costs under the qualified one-way costs shifting provisions. Asked the Judge (HHJ Lochrane, Central London) to treat the trial date as a hearing on fundamental dishonesty. The Claimants did not attend. Evidence heard and submissions made, after which positive findings of fraud and fundamental dishonesty were made.