February
Articles matching "fundamental dishonesty"
Claimant avoids finding of fundamental dishonesty by the court attributing blame instead to his expert
In the third in a series of recent High Court decisions grappling with the concept of 'fundamental dishonesty' in relation to section 57 of the Criminal Justice and Courts Act 2015 ("Section 57"), DWF…
Read moreSecond High Court decision shows increasing importance of fundamental dishonesty
Stratos Gatzouris reviews the recent decision in Razumas v Ministry of Justice (2018), in which the High Court has followed January's decision in London Organising Committee of the Olympic and…
Read more
Perseverance in chronic pain case results in significant savings
John Lezemore and Adela Carrasco of DWF have recently obtained significant savings on a claim presented as a chronic pain case valued at over £1million.
Read more
Claimant scythed down by Section 57
The decision of the High Court in London Organising Committee of the Olympic and Paralympic Games (In Liquidation) ("LOCOG") v Haydn Sinfield ("Sinfield") on 22 January 2018, has opened up further…
Read moreNo need to plead fraud but a need to tread carefully
The Court of Appeal has confirmed that there is no need for a defendant to plead fraud in order to argue that a claim is fundamentally dishonest for the purpose of the Qualified One-Way Costs Shifting…
Read more
Fundamental dishonesty goes beyond claims in the fast track
Although there are many reports of a finding of fundamental dishonesty in whiplash cases, they are only now starting to emerge in larger claims. Sunil Nannar looks at the judgment in one such case,…
Read more
Fundamental dishonesty finding in tripping claim
Alison Standfast reviews her recent successful defence of a tripping claim brought against Stevenage Borough Council. Alison draws out the significant credibility issues faced by the Claimant, leading…
Read moreDriver who supported phantom passengers loses his claim under Section 57
A Claimant, who had been awarded his claim for vehicle damage, subsequently had his entire claim dismissed pursuant to Section 57 of the Criminal Justice and Courts Act 2015. The Court found that he…
Read moreHanging on the telephone
A Defendant successfully defeated a personal claim in which the Claimant had categorically stated in a telephone call that he had not been injured, only for him then to bring a claim for personal…
Read more