Pegg v Webb & Anor

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 medical history and subsequent accidents, and misrepresenting the longevity and treatment of injuries. This dishonesty went to the root of the claim, justifying removal of costs protection and reversal of the costs order.

Parties: Claimant/respondent: David Craig Pegg; Defendant/appellant: David Webb; Defendant/appellant: Allianz Insurance PLC
Jurisdiction: England and Wales
Judgment Date: 31 July 2020
Procedural Posture: Appeal / Judgment
Outcome: Appeal allowed; finding of fundamental dishonesty endorsed; costs order reversed.
Legal Topics: Fundamental Dishonesty, Costs, Qualified One Way Costs Shifting (qocs), Appeal Review, Medical Evidence

Civil Procedure Personal Injury Fundamental Dishonesty Costs Qualified One Way Costs Shifting (qocs) Appeal Review Medical Evidence

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 9 Party arguments 2 Amounts and remedies 1

Parties

David Craig Pegg

Claimant/respondent

David Webb

Defendant/appellant

Allianz Insurance PLC

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether the claimant was fundamentally dishonest in presenting his injuries and claim for damages
2 Whether the costs order made by the trial judge was correct

Ratio Decidendi

Court Disposition

Appeal allowed; finding of fundamental dishonesty endorsed; costs order reversed.

Orders

Claimant's claim dismissed with a finding of fundamental dishonesty.
Claimant to pay 70% of Defendant's costs, assessed on the indemnity basis.