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In the personal injury arena, a defendant is often left picking up their own costs tab due to the application of QOCS. There are some exceptions to QOCS, of which a finding of fundamental dishonesty is one, but what is the position when the claim is fundamentally dishonest but this has been facilitated by improper, unreasonable and/or negligent conduct of the claimant’s own legal representatives?
Case review 07/10/2021
Today, the Court of Appeal handed down its judgment addressing a fundamental question: what is the proper approach of the court towards ‘uncontroverted’ expert evidence?