Khan v Rahman and Haven Insurance Group [06.01.16]
Kennedys acted for the Defendants in their successful defence of this claim, in which the scope of fundamental dishonesty was extended to a summary judgment application.
Two bogus Claimants presented late notification claims, one of whom issued proceedings. Both drivers denied the Claimants’ presence. We made an application for summary judgment for the Defendants. The District Judge entered judgment for the Defendants. He also made a finding of fundamental dishonesty based on the written statements of both drivers, allowing the Defendants to enforce their costs against the Claimant. Whilst the CPR make provision for a finding of fundamental dishonesty where a claimant discontinues, there is no specific provision for a finding where summary judgment is entered. However, the Judge agreed that it would be disproportionate to require the Defendants to make a separate application. The remaining Claimant’s claim has been abandoned.