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Finding of Fundamental Dishonesty and consequential costs order

26th June 2017

Sacha Ackland, instructed by Elaine Ibbotson of Keoghs, secured the dismissal of a large credit hire and personal injury claim.

The Claimant claimed his motorbike had been knocked over and damaged, and that he had suffered significant injury. The Defendant admitted breach of duty but alleged that the Claimant’s account of the accident and his injury were deliberately dishonest. After a two day trial the Judge rejected the Claimant’s evidence, made findings of fundamental dishonesty, disapplied the costs protection afforded by qualified one-way costs shifting, and ordered the Claimant to make a payment on account of the Defendant’s costs.