WOODGER v HALLAS [2022] EWHC 1561 (QB)
Mr Justice Julian Knowles handed down judgement on the appeal in the above case yesterday. The judgement can be accessed in the Library at https://www.credithire.org.uk/the-library
Keoghs represented the successful appellant in a decision in which the Judge overturned a decision of the Circuit Judge that the usual principles of a finding of fundamental dishonesty should not apply to the claimant.
The judgment involves a consideration of what is meant by “substantial injustice”. It was concluded that there was no satisfactory definition, the judges would know it when they saw it. However, it did not apply simply because a dishonest claimant would not recover damages. Gordon Exall provides a helpful analysis in his Civil Litigation Brief which you can access at https://www.civillitigationbrief.com/2022/06/20/substantial-injustice-and-fundamental-dishonesty-well-know-it-when-we-see-it-but-we-dont-see-it-here-judges-decision-not-to-impose-usual-penalties-overturned-on-appeal/