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 found to have been fundamentally dishonest in his presentation of injuries and damages, having deliberately misled the medical expert and the court, which went to the root of the claim. The trial judge erred in not making such a finding. The appeal was allowed, the claim dismissed for fundamental dishonesty, and the claimant ordered to pay 70% of the defendant's costs on the indemnity basis.

Citation
[2020] EWHC 2095 (QB)
Parties
Claimant and Respondent: David Craig Pegg; First Defendant and Appellant: David Webb; Second Defendant and Appellant: Allianz Insurance PLC
Jurisdiction
England and Wales
Judgment Date
31 July 2020
Procedural Posture
Appeal (civil, Personal Injury) / High Court Appeal From County Court Judgment on Costs and Fundamental Dishonesty
Outcome
Appeal allowed. Finding of fundamental dishonesty made against claimant. Costs order varied.
Legal Topics
Fundamental Dishonesty, Qualified One Way Costs Shifting (qocs), Costs Orders, Appeals, Personal Injury Claims
Civil Procedure Personal Injury Insurance Law Fundamental Dishonesty Qualified One Way Costs Shifting (qocs) Costs Orders Appeals Personal Injury Claims

Case Brief

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Parties

David Craig Pegg

Claimant and Respondent

David Webb

First Defendant and Appellant

Allianz Insurance PLC

Second Defendant and Appellant

Procedural Posture

Appeal (civil, Personal Injury) / High Court Appeal From County Court Judgment on Costs and Fundamental Dishonesty

Legal Issues

  1. 1 Whether the trial judge erred in failing to find the claimant fundamentally dishonest under CPR 44.16
  2. 2 Whether the costs order made by the trial judge was wrong in principle

Ratio Decidendi

The claimant was found to have been fundamentally dishonest in his presentation of injuries and damages, having deliberately misled the medical expert and the court, which went to the root of the claim. The trial judge erred in not making such a finding. The appeal was allowed, the claim dismissed for fundamental dishonesty, and the claimant ordered to pay 70% of the defendant's costs on the indemnity basis.

Court Disposition

Appeal allowed. Finding of fundamental dishonesty made against claimant. Costs order varied.

Orders

  • Claim dismissed for fundamental dishonesty.
  • Claimant to pay 70% of defendants' costs, assessed on the indemnity basis.