Fundamentally dishonest

[helpme25]

Does Fundamental Dishonesty under CPR 44.16 apply to the defendant, if one can prove the defendant was fundamentally dishonest in their defence? or a strike out application is better?

[atticus]

CPR 44.16 is an exception to qualified one way costs shifting, so no, it does not apply. If that level of dishonesty is established, you can ask the court to order the defendant to pay full indemnity costs.

I cannot comment whether an application to strike out all or parts of the defence will succeed.

[helpme25]

CPR 44.16 is an exception to qualified one way costs shifting, so no, it does not apply. If that level of dishonesty is established, you can ask the court to order the defendant to pay full indemnity costs.

I cannot comment whether an application to strike out all or parts of the defence will succeed.

Thanks. I am not asking if it will succeed but if it is a ground for strike out under Abuse of Process or other grounds

[atticus]

I cannot say on the minimal information provided.

[ScrumMaster]

Does Fundamental Dishonesty under CPR 44.16 apply to the defendant, if one can prove the defendant was fundamentally dishonest in their defence? or a strike out application is better?

Hi there,

Maybe this would not be very helpful but I also have a case with a fundamentally dishonest defendant who falsified and destroyed the evidence.
I also intend to act on it but not sure how.