Alpha Insurance A/S v Roche

Subject Matter

COSTS — Discretion of court — Qualified one-way costs shifting — Fundamental dishonesty — Claimants bringing claim for personal injuries following road traffic collision — Claimants serving notice of discontinuance day before trial — Defendant insurer seeking to have allegation of fundamental dishonesty determined with view to enforcing costs against claimant — Judge refusing to direct determination of issue for want of exceptionality — Whether judge applying correct test — Whether issue of fundamental dishonesty to be determined — CPR Pt 44, Practice Direction 44, para 12.4(c)

[2018] EWHC 1342 (QB); [2018] 4 WLR 92; [2019] RTR 14; [2018] WLR (D) 326, QBD