Author: Vaughan Jacob

Posted in Personal Injury

To plead or not to plead: when to plead fundamental dishonesty?

Does a defendant need to formally raise an allegation of fundamental dishonesty (‘FD’) in its pleaded case to obtain a finding of FD at trial? Since the Court of Appeal considered the issue in Howlett v (1) Davies (2) Ageas Insurance Limited and another [2017] EWCA Civ 1696 many defendant…