Roger André Secures Fundamental Dishonesty Findings

Those who are instructed to defend against claims of injury and other special damages, such as credit hire and rehabilitation claims, are acutely aware of the burden placed on the defence in alleging Fundamental Dishonesty. Whilst on paper, there may not be enough to expressly plead fraud or dishonesty, it typically will come down to the appetite of the insurer as to whether to seek settlement and reduce exposure to costs or to gamble the chances at trial in the hope of dismissal of the claim (albeit with unenforceable QWOCS costs) or of Fundamental Dishonesty being found, with enforceable costs.

I set out three recent examples of Fundamental Dishonesty findings, within a few weeks of each other, in which I was instructed for the Defence: