Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) (16 October 2019)

Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) (16 October 2019)

The trial judge's reasons, though brief, were adequate and supported by evidence; the claimant failed to prove negligence by the defendant. However, the claimant's deliberate failure to disclose credit cards and bank accounts was fundamentally dishonest, going to the root of a substantial part of the claim, justifying disapplication of QOCS and enforceable costs order.

Citation
[2019] EWHC 2712 (QB)
Parties
Appellant/claimant: Mansur Haider; Respondent/defendant: DSM Demolition Ltd
Jurisdiction
England and Wales
Judgment Date
16 October 2019
Procedural Posture
Appeal / Judgment on Appeal and Cross Appeal
Outcome
Claimant's appeal dismissed; Defendant's cross-appeal allowed in part
Legal Topics
Road Traffic Accident, Negligence, Fundamental Dishonesty, Qualified One Way Costs Shifting (qocs), Relief From Sanctions, Disclosure Obligations
Tort Civil Procedure Road Traffic Accident Negligence Fundamental Dishonesty Qualified One Way Costs Shifting (qocs) Relief From Sanctions Disclosure Obligations

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Parties

Mansur Haider

Appellant/claimant

DSM Demolition Ltd

Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the trial judge gave adequate reasons for finding no negligence by the defendant driver
  2. 2 Whether the trial judge's findings on speed and distance were supported by evidence
  3. 3 Whether the claimant was fundamentally dishonest in disclosure of financial information

Ratio Decidendi

The trial judge's reasons, though brief, were adequate and supported by evidence; the claimant failed to prove negligence by the defendant. However, the claimant's deliberate failure to disclose credit cards and bank accounts was fundamentally dishonest, going to the root of a substantial part of the claim, justifying disapplication of QOCS and enforceable costs order.

Court Disposition

Claimant's appeal dismissed; Defendant's cross-appeal allowed in part

Orders

  • Relief from sanctions granted for late cross-appeal
  • Permission to cross-appeal granted