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Chambers & Partners
29/04/2014

Gosling v Screwfix Direct (Costs)

Uncategorized

Cambridge County Court

Christopher Edwards acted for the Claimant in the widely publicised first case on what is required for a finding of ‘fundamental dishonesty’ under the new personal injury Qualified One-Way Costs Shifting (QOCS) regime introduced by CPR 44.16.

A finding of fundamental dishonesty is possible when the judge was satisfied that the claim in its entirety was not dishonest, but because of the Claimant’s demonstrated dishonesty in relation to quantum, even in circumstances in which the judge was satisfied the Claimant has suffered significant injuries as a result of the accident.

(Judge Moloney QC)

Screwfix, chris, edwards, claimant, QOCS, CPR, quantum, costs, trial, crown court,

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