Nicholas Secures Fundamental Dishonesty Finding in QUOCS Case
Author(s)
Diminution in value is recoverable and causation is not a defence to a claim where there is a continuing nuisance. To view the full Judgement, please click here.
Nicholas has recently secured a finding of fundamental dishonesty in a claim by a taxi driver for personal injury which meant that the Claimant’s QUOCS protection was disapplied. However, the Court also accepted his submissions that QUOCS should not have been applied in any event in respect of a large claim for hire brought in the same claim as this was deemed to be a claim for the benefit of someone other than the Claimant, which was a further exception to QUOCS.
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