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Insights
03/12/2025
Guildhall Barrister Jon Wong has published an article in collaboration with LexisNexis UK titled Costs of unsuccessful claimant ordered against defendants for failed allegation of fundamental dishonesty (Hakmi v East & North Hertfordshire NHS Trust & another)
Article Summary
The defendants were ordered to pay a proportion of the claimant’s costs from the time the issue of fundamental dishonesty was raised in the defendants’ counter schedule of loss. It was otherwise ordered that the claimant pay the defendants’ costs of the action, not to be enforced without leave of the court. The court’s decision on costs is a rare outcome where a claimant who is unsuccessful is nonetheless awarded their costs of the claim. Could the decision be viewed as a peculiarity arising from the application of qualified one-way costs shifting (QOCS)? Or is the decision a development in cases of failed allegations of fundamental dishonesty being an exception to the general rule that the unsuccessful party will be ordered to pay the costs of the successful party?
Read the full analysis of 𝙃𝙖𝙠𝙢𝙞 𝙫 𝙀𝙖𝙨𝙩 & 𝙉𝙤𝙧𝙩𝙝 𝙃𝙚𝙧𝙩𝙛𝙤𝙧𝙙𝙨𝙝𝙞𝙧𝙚 𝙉𝙃𝙎 𝙏𝙧𝙪𝙨𝙩 & 𝙖𝙣𝙤𝙩𝙝𝙚𝙧 [2025] 𝙀𝙒𝙃𝘾 𝟮𝟱𝟵𝟳 (𝙆𝘽) by 𝗝𝗼𝗻 𝗪𝗼𝗻𝗴 by clicking here
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