FUNDAMENTAL DISHONESTY RULING – QOCS DISAPPLIED!

profile_pi_catherine_duffy1 By Catherine Duffy

 

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 decisionhttp://www.litigationfutures.com./news/qocs-protection-lost-court-finds-claimant-faked-injury

Advertisements

2 comments

  1. […] Catherine Duffy discussed the costs consequences of a finding of ‘fundamental dishonesty’ in Fundamental Dishonesty Ruling – QOCS Disapplied […]

  2. […] Duffy discussed the costs consequences of a finding of ‘fundamental dishonesty’ inFundamental Dishonesty Ruling – QOCS Disapplied (April […]

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: