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.