Travel & Aviation Newsletter – 3 Hare Court
‘Welcome to our latest Travel & Aviation newsletter, edited by Katherine Deal KC.’
3 Hare Court, 11th February 2025
Source: lexlinks.3harecourt.com
Category: fundamental dishonesty
Samrai v Kalia [2024]: lessons for experts and the difficulties in establishing fundamental dishonesty – 12KBW
‘Alex Carington examines the lessons for experts and the difficulties in establishing fundamental dishonesty in a recent decision on sexual abuse, Samrai v Kalia [2024] EWHC 3143 (KB).’
12KBW, 20th January 2025
Source: pilawblog.com
Samrai v Kalia [2024]: lessons for experts and the difficulties in establishing fundamental dishonesty – 12 KBW
‘Alex Carington examines the lessons for experts and the difficulties in establishing fundamental dishonesty in a recent decision on sexual abuse, Samrai v Kalia [2024] EWHC 3143 (KB).’
12 KBW, 20th January 2025
Source: 12kbw.co.uk
No wasted costs after fundamental dishonesty: Williams-Henry v Associated British Ports [2024] EWHC 2415 (KB) – 12 King’s Bench Walk
‘In this blog Megan Griffiths reviews the Defendant’s failed application for wasted costs after securing a finding of fundamental dishonesty in Williams-Henry [2024] EWHC 2415.’
12 King’s Bench Walk , 26th November 2024
Source: 12kbw.co.uk
High Court dismisses fundamentally dishonest £6.4m PI claim – Legal Futures
‘A man seriously injured in a motorbike crash “has only himself to blame” after his £6.4m claim was dismissed in the biggest case to date where fundamental dishonesty was found.’
Legal Futures, 4th July 2024
Source: www.legalfutures.co.uk
Allegation of Fundamental Dishonesty? No Interim Payment Permitted – Parklane Plowden Chambers
‘In this case, the claimant brought a claim for serious injuries arising from a RTA in January 2019. As a consequence, the claimant suffered severe brain injury which he alleged caused a lack of capacity.’
Parklane Plowden Chambers, 8th May 2024
Source: www.parklaneplowden.co.uk
Allege and Fail to Prove Fundamental Dishonesty? A ‘Significant Risk’ You’ll Pay Indemnity Costs – Parklane Plowden Chambers
‘In this case, the claimants brought a claim arising from a RTA in May 2017.
Liability was in issue. The claimants alleged the defendant driver had driven his van into their car; whereas the defendant driver alleged that the claimant driver drove from a parked position into the side of his van. The defence pleaded that the claimants’ credibility and honesty would be challenged at trial.’
Parklane Plowden Chambers, 30th May 2024
Source: www.parklaneplowden.co.uk
In brief: High Court gives guidance on “substantial injustice” exception to rules on fundamental dishonesty in personal injury claims – Exchange Chambers
‘The decision of Ritchie J in Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 gives, for the first time, judicial guidance on how the courts will apply the “substantial injustice” exception to the statutory rules on fundamental dishonesty. The case is also of interest for its clarification of when and how defendants should plead fundamental dishonesty.’
Exchange Chambers, 12th April 2024
Source: www.exchangechambers.co.uk
Substantial injustice – where are we now? – 39 Essex Chambers
‘In Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), Ritchie J found that, despite the Claimant having sustained serious injuries, which would have warranted damages of almost £600,000, that she had been fundamentally dishonest. This resulted in the entirety of her claim being dismissed under s57 of the Criminal Justice & Courts Act 2015 (‘CJCA 2015’).’
39 Essex Chambers, 16th April 2024
Source: www.39essex.com
Claimant lawyers ordered to pay half the costs of a fundamentally dishonest personal injury claim – Law Society’s Gazette
‘A defendant firm has hailed a rare court decision where a claimant’s lawyers were ordered to pay towards the costs of a fundamentally dishonest claim.’
Law Society's Gazette, 28th March 2024
Source: www.lawgazette.co.uk
Fundamental Dishonesty: An Update – Ropewalk Chambers
‘In order to have a sense of how my own experience was mirrored by colleagues in Ropewalk Chambers, I conducted a recent survey asking colleagues for their own experiences regarding fundamental dishonesty at trial.’
Ropewalk Chambers, 30th March 2023
Source: ropewalk.co.uk
Claimant loses £49k damages as High Court overturns ‘injustice’ finding – Law society’s Gazette
‘An injured person who claimed more than £500,000 for lost earnings – while hiding the fact he was still in paid work – has lost his entire damages award because of fundamental dishonesty.’
Law Society's Gazette, 1st July 2022
Source: www.lawgazette.co.uk
Exaggerations and fundamental dishonesty – Local Government Lawyer
‘Adrian Neale considers the question of when a claimant’s exaggeration of injury can be said to be deliberate and dishonest, following a recent appeal brought by a local authority.’
Local Government Lawyer, 3rd December 2021
Source: www.localgovernmentlawyer.co.uk
Claimant who exaggerated impact of injury not fundamentally dishonest – Legal Futures
‘A judge was right to find that a claimant who exaggerated the impact of a serious injury was not fundamentally dishonest, the High Court has ruled.’
Legal Futures, 20th September 2021
Source: www.legalfutures.co.uk
Iddon v Warner: a finding of fundamental dishonesty in a clinical negligence case – Parklane Plowden
‘The Claimant brought a claim for damages against her General Practitioner for a missed diagnosis of breast cancer. As a result of the negligence, the Claimant had to undergo a mastectomy and axillary dissection, which would otherwise have been unnecessary. The Claimant argued that these treatments had left her with incapacitating chronic pain. The Defendant admitted breach of duty and causation, but contended that her claim should be dismissed because she had been fundamentally dishonest in relation to the claim.’
Parklane Plowden, 1st April 2021
Source: www.parklaneplowden.co.uk
Brint v BHR UHNT: Misleading, Wholly Unreliable and Inaccurate, but not Fundamentally Dishonest – Parklane Plowden Chambers
‘In the clinical negligence case of Aileen Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB), HHJ Platts dismissed the claim but declined to find the Claimant fundamentally dishonest. It is a reminder that significant unreliability does not necessarily equate to dishonesty, particularly where there is a complex psychological component.’
Parklane Plowden Chambers, 23rd February 2021
Source: www.parklaneplowden.co.uk
Claimant cleared of dishonesty despite ‘wholly unreliable’ evidence – Law Society’s Gazette
‘A High Court judge has rejected that a claimant suing a hospital was fundamentally dishonest – despite rejecting her evidence – because she believed she was telling the truth.’
Law Society's Gazette, 17th February 2021
Source: www.lawgazette.co.uk
“Negligent” firm avoids wasted costs order after failing to pass on offer – Litigation Futures
‘The High Court has upheld a decision not to order wasted costs against a law firm that failed to pass on a “drop hands” settlement offer to a client who was ultimately found to be fundamentally dishonest.’
Litigation Futures, 30th September 2020
Source: www.litigationfutures.com
PI Fraud: when silence can be FD – Park Square Barristers
‘On appeal, a High Court judge reversed the finding that a claimant was not fundamentally dishonest due to inconsistencies in the longevity of his injuries and the non-disclosure of a subsequent road traffic accident to a medical expert (“the deafening silences”). On this basis, the claimant was found to be fundamentally dishonest pursuant to s.57 Criminal Justice and Courts Act 2015 and was consequently ordered to pay 70% of the defendant insurer’s costs. Matthew Smith, co-founder of the PSQB fraud team, was instructed on behalf of the successful appellant insurer.’
Park Square Barristers, 3rd August 2020
Source: www.parksquarebarristers.co.uk
High Court overturns ruling that claimant was not fundamentally dishonest – Litigation Futures
‘The High Court has overturned a ruling that a claimant who defeated an argument that a car accident he was involved in was bogus, but lied about his injuries, was not fundamentally dishonest.’
Litigation Futures, 11th August 2020
Source: www.litigationfutures.com
