Fundamental dishonesty found on appeal by reason of material non disclosure

On a cross appeal arising out of this failed RTA claim Mr Justice Julian Knowles overturned the trial judge’s finding that the claimant had not been fundamentally dishonest in his claim against the defendant. Thus, it followed, QOCS was disapplied and the defendant became entitled to enforce the order for costs in its favour to its full extent.

“This was not simply a case where there had just been ‘not particularly good’ disclosure by the Claimant. He deliberately failed to disclose highly material evidence. There was simply no basis on which the judge could properly have concluded that the Claimant had simply got confused on these issues. The only possible reasonable inference from the evidence was that the Claimant intentionally failed to make full disclosure, and that failure can only be labelled as dishonest.”

The decision also dealt, shortly, with an application for relief from sanctions pertaining to the late filing of the Respondent’s Notice.

“The breach here was serious and substantial. I am not persuaded that there was a particularly good reason for the lateness of the Notice so far as the delayed transcript was concerned, and an application for an extension of time could and should have been made before the relevant deadlines expired. That said, the lateness of the Notice fortunately did not imperil the date of the appeal hearing, and the Claimant was able to deal fully, orally and in writing, with the Defendant’s submissions.”