Steven Lee Woodger v Reece Hallas

Steven Lee Woodger v Reece Hallas

The judge erred in not dismissing the entire claim after finding fundamental dishonesty; there was no proper or adequate basis for a finding of substantial injustice, and the only correct outcome under s 57(2) was dismissal of the claim. The Defendant is entitled to its costs, subject to statutory deductions.

Parties
Claimant/respondent: Steven Lee Woodger; Defendant/appellant: Reece Hallas
Jurisdiction
England and Wales
Judgment Date
20 June 2022
Procedural Posture
Personal Injury Appeal / Appeal Judgment
Outcome
Appeal allowed; claim dismissed for fundamental dishonesty under s 57(2) Criminal Justice and Courts Act 2015.
Legal Topics
Fundamental Dishonesty, Section 57 Criminal Justice and Courts Act 2015, Costs Orders, Damages Assessment
Personal Injury Civil Procedure Fundamental Dishonesty Section 57 Criminal Justice and Courts Act 2015 Costs Orders Damages Assessment

Case Brief

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Parties

Steven Lee Woodger

Claimant/respondent

Reece Hallas

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in not dismissing the entire claim under s 57(2) for fundamental dishonesty
  2. 2 Whether the judge's costs order was appropriate given the finding of fundamental dishonesty
  3. 3 Whether the reduction of damages by the judge was permissible

Ratio Decidendi

The judge erred in not dismissing the entire claim after finding fundamental dishonesty; there was no proper or adequate basis for a finding of substantial injustice, and the only correct outcome under s 57(2) was dismissal of the claim. The Defendant is entitled to its costs, subject to statutory deductions.

Court Disposition

Appeal allowed; claim dismissed for fundamental dishonesty under s 57(2) Criminal Justice and Courts Act 2015.

Orders

  • Entire claim dismissed under s 57(2) for fundamental dishonesty.
  • Defendant awarded costs of the action, subject to s 57(4) and (5).