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Articles matching "section 57"
The whole claim and nothing but the claim
The judgment in the appeal in Basir v Larizadeh, heard earlier this year has recently become available, and highlights a further difficulty that has arisen with the interpretation of s.57 Criminal…
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The right time for fundamental dishonesty
The latest High Court decision on fundamental dishonesty is interesting for its consideration of the timing of the defendant's application, and the concept of "substantial injustice" in the context of…
Read moreFailure to establish fundamental dishonesty shows pitfalls to be avoided
The decision by HHJ Hampton in the Leicester County Court in Spencer Smith v Ashwell Maintenance Limited on 23 January 2019 just over a year after the LOCOG v Sinfield (2018) decision has raised more…
Read moreCredibility of witnesses and fundamental dishonesty: two fraudulent claims dismissed on appeal
The High Court recently considered the issue of fundamental dishonesty under section 57 Criminal Justice and Courts Act 2015 ("s.57"), with differing results, in two appeals from judgments given by…
Read moreClaimant 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…
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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…
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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,…
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Surveillance footage: Good days and bad days
In a case where the extent to which the claimant had recovered from injury was in issue, the court concluded that a disparity between his appearance on surveillance footage and his presentation to…
Read moreExaggeration of injuries sees claim dismissed under Section 57
A Claimant who suffered personal injury as a result of a road traffic accident had her claim dismissed under section 57 of the Criminal Justice and Courts Act 2015 due to fundamental dishonesty on her…
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