Pegg v Webb & Anor [2020] EWHC 2095 (QB) (31 July 2020)

Pegg v Webb & Anor [2020] EWHC 2095 (QB) (31 July 2020)

The claimant was fundamentally dishonest in presenting his injuries and claim for damages, including misleading the medical expert and the court, failing to disclose relevant prior injuries and accidents, and presenting inconsistent evidence regarding the longevity and nature of his injuries. This dishonesty went to the root of the claim and justified removal of QOCS protection and enforcement of costs orders against the claimant.

Citation
[2020] EWHC 2095
Parties
Claimant and Respondent: David Craig Pegg; Defendant and Appellant: David Webb; Defendant and Appellant: Allianz Insurance PLC
Jurisdiction
England and Wales
Judgment Date
31 July 2020
Procedural Posture
Personal Injury Appeal / High Court Appeal From County Court Judgment
Outcome
Appeal allowed; finding of fundamental dishonesty endorsed; claim dismissed.
Legal Topics
Fundamental Dishonesty, Qualified One Way Costs Shifting (qocs), Costs Orders, Appeals, Dishonesty in Personal Injury Claims
Civil Procedure Personal Injury Costs Fundamental Dishonesty Qualified One Way Costs Shifting (qocs) Costs Orders Appeals Dishonesty in Personal Injury Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

David Craig Pegg

Claimant and Respondent

David Webb

Defendant and Appellant

Allianz Insurance PLC

Defendant and Appellant

Procedural Posture

Personal Injury Appeal / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the claimant was fundamentally dishonest in presenting his injuries and claim for damages
  2. 2 Whether the costs order made by the County Court was wrong in principle

Ratio Decidendi

The claimant was fundamentally dishonest in presenting his injuries and claim for damages, including misleading the medical expert and the court, failing to disclose relevant prior injuries and accidents, and presenting inconsistent evidence regarding the longevity and nature of his injuries. This dishonesty went to the root of the claim and justified removal of QOCS protection and enforcement of costs orders against the claimant.

Court Disposition

Appeal allowed; finding of fundamental dishonesty endorsed; claim dismissed.

Orders

  • Claimant to pay 70% of Defendant's costs, assessed on the indemnity basis.
  • Costs order of County Court set aside.