Esure Services Ltd v Quarcoo

Esure Services Ltd v Quarcoo

Where a claimant brings and maintains a dishonest claim, the court should ordinarily mark its disapproval by awarding indemnity costs against the claimant, as such conduct is outside the ordinary and reasonable conduct of proceedings.

Parties
Appellant: Esure Services Ltd; Respondent: Quarcoo
Jurisdiction
England and Wales
Judgment Date
28 April 2009
Procedural Posture
Civil Appeal / Appeal From Costs Order After Trial
Outcome
appeal allowed
Legal Topics
Costs, Indemnity Costs, Dishonest Claims, Fraudulent Insurance Claims
Civil Procedure Insurance Law Costs Indemnity Costs Dishonest Claims Fraudulent Insurance Claims

Case Brief

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Parties

Esure Services Ltd

Appellant

Quarcoo

Respondent

Procedural Posture

Civil Appeal / Appeal From Costs Order After Trial

Legal Issues

  1. 1 Whether the Recorder erred in refusing to award indemnity costs against a claimant found to have brought a dishonest insurance claim.

Ratio Decidendi

Where a claimant brings and maintains a dishonest claim, the court should ordinarily mark its disapproval by awarding indemnity costs against the claimant, as such conduct is outside the ordinary and reasonable conduct of proceedings.

Court Disposition

appeal allowed

Orders

  • The order refusing indemnity costs is set aside.
  • The respondent (Mr Quarcoo) is to pay the appellant's (Esure's) costs on the indemnity basis.