QOCS protection lost after finding of fundamental dishonesty at trial

Gabriel Fay has recently succeeded in obtaining an order disapplying the rules on Qualified One Way Costs Shifting due to a finding of fundamental dishonesty at trial. Here he explains the background to the case and how it differs from previous fundamental dishonesty cases as there was no need to plead fundamental dishonesty or make a separate application to obtain the finding on the issue.

This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

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Perry Hill


I am a partner in the insurance team in the London Office. I specialise in defending high value personal injury claims particularly those brought against local authorities, police services and schools.