If a claim is found to be fundamentally dishonest, what is the consequence under QOCS?

• A. The defendant must pay all costs regardless.
• B. The claim remains valid but costs are capped.
• C. The claim is struck out for abuse of process.
• D. The claimant pays no costs at all.

Answer: (C)

The main idea is that QOCS protects a claimant from paying the defendant’s costs unless the claim is found to be fundamentally dishonest. When dishonesty is established, that protection falls away and the court treats the dishonest claim as an abuse of the court process. The remedy in that situation is to strike out the claim, rather than continuing with it, and the claimant may be liable for the defendant’s costs.

So the best outcome is that the claim is struck out for abuse of process. This mirrors the principle that pursuing a dishonest claim undermines the integrity of the court process, and the sanction is to stop the claim and expose the claimant to costs.