‘A Practical Guide to QOCS and Fundamental Dishonesty’ by James Bentley
Published: November 2017
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There has been much discussion as to what exactly fundamental dishonesty means and when it will apply. As it stands, and despite the lack of appellate authority on the matter, the County Courts are becoming more and more used to dealing with allegations of fundamental dishonesty in personal injury cases, and specifically within the context of qualified one way costs shifting.
By drawing on the numerous reported decisions that deal with the concept, as well as the author’s own extensive experience, this book explains what fundamental dishonesty means in practice, what to look for, the pitfalls to avoid, and the consequences if it is proved. Specifically covered are:
- An overall review of the qualified one way costs shifting regime.
- Defining fundamental dishonesty.
- How to deal with fundamental dishonesty in practice, and what to look out for.
- Strike out applications and Section 57.
- The cost consequences of fundamental dishonesty.
The book is written with both claimant and defendant practitioners in mind.
ABOUT THE AUTHOR
James Bentley is a personal injury and clinical negligence barrister based at Guildhall Chambers in Bristol. He has a busy practice that stretches across a wide range of matters, and is regularly instructed by both claimants and defendants in cases that involve allegations of fundamental dishonesty.
Chapter One – Brief Reasons for a Costs Shifting Regime
Chapter Two – Qualified One-Way Costs Shifting (‘QOCS’)
Chapter Three – The Meaning of Fundamental Dishonesty
Chapter Four – Fundamental Dishonesty in Practice
Chapter Five – Applications to Strike Out and Section 57
Chapter Six – Discontinuance