Kerry Underwood


leave a comment »

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.



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

Leave a Reply

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

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

Google photo

You are commenting using your Google 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 )

Connecting to %s

%d bloggers like this: