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39 Essex Chambers is a leading set based in London, Manchester, Kuala Lumpur and Singapore. Our barristers offer a depth of expertise in a range of specialist sectors and practice areas.
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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 practitioners have proceeded on the basis that a formal pleading is unnecessary provided that the claimant has had fair notice of a challenge to his or her honesty and an opportunity to deal with it. The case of Pinkus v Direct line [2018] EWHC 1671 reinforced the above view. However three recent cases discussed below have revisited the issue and suggest a formal pleading may now be desirable in certain circumstances.
You can read Vaughan Jacob’s full post on our Commercial, Construction and International Arbitration Blog here.
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