Alpha Insurance A/S v Roche & Anor

Alpha Insurance A/S v Roche & Anor

The judge below applied the wrong legal test by requiring 'exceptional quality' for directions under CPR 44PD 12.4(c); the correct approach is an unfettered discretion weighing all relevant circumstances. Given the late discontinuance, absence of explanation, and public interest in exposing dishonest claims, it is reasonable to direct determination of fundamental dishonesty.

Parties
Appellant (defendant): Alpha Insurance A/S; Respondent (claimant): Lorraine Roche; Respondent (claimant): Brendan Roche
Jurisdiction
England and Wales
Judgment Date
25 May 2018
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Determine Fundamental Dishonesty After Discontinuance
Outcome
Appeal allowed
Legal Topics
Qualified One Way Costs Shifting (qocs), Fundamental Dishonesty, Discontinuance, Case Management Discretion
Civil Procedure Insurance Law Qualified One Way Costs Shifting (qocs) Fundamental Dishonesty Discontinuance Case Management Discretion

Case Brief

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Parties

Alpha Insurance A/S

Appellant (defendant)

Lorraine Roche

Respondent (claimant)

Brendan Roche

Respondent (claimant)

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Determine Fundamental Dishonesty After Discontinuance

Legal Issues

  1. 1 Whether the court should direct determination of fundamental dishonesty after claimants served notice of discontinuance
  2. 2 Correct test for exercising discretion under CPR 44PD 12.4(c)

Ratio Decidendi

The judge below applied the wrong legal test by requiring 'exceptional quality' for directions under CPR 44PD 12.4(c); the correct approach is an unfettered discretion weighing all relevant circumstances. Given the late discontinuance, absence of explanation, and public interest in exposing dishonest claims, it is reasonable to direct determination of fundamental dishonesty.

Court Disposition

Appeal allowed

Orders

  • Issues relating to fundamental dishonesty to be determined
  • Parties invited to agree an appropriate order