News & Resources

Findings of fundamental dishonesty following successful defence of ‘slam-on’ motor fraud involving a £53,000 credit hire claim.

29th January 2016

James Henry acts for UPS securing findings of fundamental dishonesty following discontinuance.

James Henry (instructed by Adrian Cottam and Amy Hickey of Clyde & Co) acted for UPS in its successful defence of fraudulent claims for injury, loss of earnings, credit hire, storage and recovery charges totalling c.£70,000.

UPS contended that the two claimants had deliberately induced a road traffic accident on the A406 by slamming on their brakes in front of a UPS delivery lorry.  The case was listed for a two-day trial, but on the day before the trial was due to start a notice of discontinuance was filed.

The case fell under the QOCS regime.  UPS proceeded to trial and sought findings of fundamental dishonesty against both claimants, notwithstanding that the claimants would not be giving evidence, in order to secure an enforceable costs order.  HHJ Harris QC considered the case on the papers and found that the claims were fundamentally dishonest within the meaning of CPR r.44.16.  Permission was given to enforce costs, which are to be assessed on the indemnity basis.





Related Barristers

James Henry

James Henry
Year of Call: 2010


Close X

Coronavirus Update

TGC is proactively safeguarding against the risks posed by the spread of Coronavirus. We have a working Committee who continue to monitor the situation and follow advice issued by the Government and Public Health England. We will be updating this page as and when new information becomes available.

As of 25th March, our London premises, 1 Harcourt Buildings will be closed until further notice and all barristers, clerks and support staff will be working remotely.We wish to reassure everyone that our contingency plans we have put in place will enable us to continue to provide our services.

Telephoning us

When calling our switchboard number, it will be diverted to a member of the clerking team who will be able to assist in the usual way. All direct dials in Chambers are being diverted to be answered remotely.

Emailing us & Sending Instructions

Please send all instructions via email directly to clerks@tgchambers.com We are unable to receive hard copy instructions via DX or Post until further notice, unless specific arrangements are made in advance by contacting the clerks. Please continue to communicate with barristers directly via email.
Conferences, Joint Settlement Meetings & Mediations
All conferences, meetings and mediations will take remotely, either by telephone or via video until further notice. Group Telephone calls and video calls can be arranged, and we are currently exploring software options to enable us to offer a variety of options to host telephone and video calls/meetings.

Court Hearings

We are following The Government’s advice closely, which is changing daily. In keeping with Government advice, we will continue to service hearings remotely, where possible and as instructed by the hosting Court. The judiciary has made provision for some civil cases to be heard remotely, with lawyers being required to take part in virtual hearings.We will continue to closely monitor this situation.

Making a payment

If you do not already pay us by BACS, going forward please make arrangements to do so. Please contact the clerks who can supply you with the relevant BACS details.
If you wish to discuss our policy and procedure relating to coronavirus, please do not hesitate to contact our senior clerk Dean Norton on 07535 753098 or dnorton@tgchambers.com

To learn more visit our Covid-19 Information page.