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Fundamental Dishonesty and QOCS Course 2018

SKU: FUNDAMENTALQOCS Category:

Description

This Course can now be offered In-House. If you are interested in booking  please contact us at elena@masstraining.org.uk or on 0117 925 9612.

This half-day course will consider the implications of section 57 of the CJCA 2015, what is the meaning of “fundamental dishonesty” and when will it be relevant. We will also be discussing about QOCS; what does Fundamental Dishonesty mean in CPR 44.16(1) and when will a claimant lose their QOCS protection.

After attending our Course you will have learnt all about:

  • The provisions of CJCA 2015 s.57
  • The meaning of Fundamental Dishonesty in 57 CJCA 2015 and CPR r 44.16(1)
  • The evidence and investigations needed to meet allegations of Fundamental Dishonesty
  • The procedural obligations to plead Fundamental Dishonesty
  • The relevant decisions concerning the meaning of Fundamental Dishonesty
  • The implications of a finding of Fundamental Dishonesty

We will be discussing:

  • CJCA 2015 s.57
    • Meaning of Fundamental Dishonesty London Organising Committee of theOlympic and Paralympic Games (In Liquidation) v Sinfield [2018] EWHC 51 (QB)
    • Procedure Howlett v Davies [2017] EWCA Civ 1696
    • Consequences
    • Human Rights Act
    • Costs
  • QOCS CPR r 44.16(1)
    • Effect
    • Exceptions
    • Practical Implications
  • Effects
    • Part 36
    • Fraud
    • Contempt
    • Adverse Costs
    • Unpicking Settlement Agreements
    • Exemplary Damages

Book this Course if you want to be able to:

  • Apply updated knowledge of the provisions 57 CJCA 2015 and CPR r 44.16(1) to meet allegations of Fundamental Dishonesty
  • Apply knowledge of recent case law to assess the risks of a successful allegation of Fundamental Dishonesty
  • Make realistic assessments of prospects of success in the light of knowledge of the definition of Fundamental Dishonesty
  • Apply knowledge of all the implications of a finding of Fundamental Dishonesty in respect of Fraud, Contempt, Part 36 Offers and the implications for any previous settlements

Your Trainer  

Nicky Carter is a self-employed Solicitor and Legal Trainer and has been delivering training for us since 2010.

 

 

 

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Very informative. Easy to understand. Not a typical course which you can easily lose concentration

Thoroughly enjoyed it! It was both informative and practical, the fact it was quite hands on and interactive made the subject matter come to life and the topic elements sink in to some sort of structure! I feel like I actually understand some of the fundamental elements

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