Fundamental Dishonesty And The Litigation Friend: A Cautionary Tale

In a recent case before the county court at Middlesbrough, DAC Beachcroft acting for the defendant and his insurer Allianz Insurance Plc secured a rare finding of fundamental dishonesty with an order that costs be paid directly by the Litigation Friend of two claimants.

In AX and BX (by their Litigation Friend CX) v ZZ, the Claimants (two children) were alleged to have been passengers in a vehicle with their mother and father, the latter being the driver, when it was involved in a collision with a vehicle being driven by ZZ who was alleged to have been negligent. It was admitted that if there had been a collision then ZZ was liable, but the primary line of the defence was that no collision had occurred.