Woodger v Hallas [2022] EWHC 1561 (QB) (20 June 2022)

Woodger v Hallas [2022] EWHC 1561 (QB) (20 June 2022)

The judge erred in not dismissing the entire claim after finding fundamental dishonesty; substantial injustice requires more than loss of genuine damages and was not established; the claim must be dismissed under s 57(2).

Source-derived case information.

Citation
[2022] EWHC 1561 (QB)
Parties
Claimant/respondent: Steven Lee Woodger; Defendant/appellant: Reece Hallas
Jurisdiction
England and Wales
Judgment Date
20 June 2022
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed; entire claim dismissed for fundamental dishonesty.
Legal Topics
Fundamental Dishonesty, Section 57 Criminal Justice and Courts Act 2015, Costs, Damages, Road Traffic Accident
Personal Injury Civil Procedure Fundamental Dishonesty Section 57 Criminal Justice and Courts Act 2015 Costs Damages Road Traffic Accident

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Parties

Steven Lee Woodger

Claimant/respondent

Reece Hallas

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge erred in not dismissing the entire claim under s 57(2) Criminal Justice and Courts Act 2015 for fundamental dishonesty
  2. 2 Whether the judge's award of costs was correct given findings of fundamental dishonesty
  3. 3 Whether the judge was entitled to reduce damages by disallowing certain heads of claim

Ratio Decidendi

The judge erred in not dismissing the entire claim after finding fundamental dishonesty; substantial injustice requires more than loss of genuine damages and was not established; the claim must be dismissed under s 57(2).

Court Disposition

Appeal allowed; entire claim dismissed for fundamental dishonesty.

Orders

  • Claim dismissed under s 57(2) Criminal Justice and Courts Act 2015.
  • Defendant awarded costs of the action subject to s 57(4) and (5).