In Creech v Severn Valley Railway (25th March 2015, Telford County Court, unreported) District Judge Rodgers made a finding of ‘fundamental dishonesty’ and denied a claimant the protection of qualified one-way costs shifting (QOCS).
The claim was brought by a security guard who had fractured his shoulder.
The defendant company had hired an ice rink to entertain families at its station in Worcester while the track was closed. The claimant brought a claim in negligence on the grounds that he had tripped on matting left behind after the ice rink had been removed.
District Judge Rodgers accepted evidence from the defendant company that the ice rink was still on the concourse at the time that the accident was meant to have happened and had not been dismantled. This meant that the claimant could not have been truthful.
The claim was dismissed. District Judge Rodgers applied the fundamental dishonesty rule and ordered the Claimant to pay costs of over £11,000.
For further detail see – http://www.litigationfutures.com./news/qocs-disapplied-in-rare-fundamental-dishonesty-ruling
Although this is an unreported decision it illustrates the courts power in relation to costs where there is a finding of fundamental dishonesty – an important power to remember!
Another illustrative decision – http://www.litigationfutures.com./news/qocs-protection-lost-court-finds-claimant-faked-injury