Kerry Underwood

FAILED FRAUD ALLEGATION MEANS INDEMNITY COSTS

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Same Must Apply to Fundamental Dishonesty

 

The matters dealt with in this piece are examined in great detail in my three volume, 1,300 page book Personal Injury Small Claims, Portals and Fixed Costs – price £50 and available from Underwoods Solicitors here.

Kerry Underwood offers consultancy services in relation to this and other matters and details are here.

 

In

Natixis S.A v Marex Financial & Ors [2019] EWHC 2549 (Comm)

the Commercial Court, part of the Queen’s Bench Division of the High Court, awarded indemnity costs against a party which alleged fraud and lost.

This is in fact the usual position, even on discontinuance – see e.g. Clutterbuck v HSBC Plc [2015] EWHC 3233 (Ch) .

The significance of this decision, and previous ones, is that where an allegation of fundamental dishonesty in a personal injury action fails, then, as night follows day, an indemnity costs order should always be made against the defendant.

Written by kerryunderwood

November 27, 2019 at 11:54 am

Posted in Uncategorized

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