fundamental dishonesty – Page 2

Finding of Fundamental Dishonesty Against Claimant and Defendant Driver (Wise v Hegarty and Alpha Insurance) – 39 Essex Chambers

Posted January 9th, 2020 in evidence, fraud, fundamental dishonesty, insurance, internet, news, personal injuries, road traffic by sally

‘Personal injury analysis: Convincing telematics evidence, coupled with evidence of social media links between the claimant and defendant, was sufficient for a road traffic accident claim to be dismissed and findings of fundamental dishonesty to be made against both the claimant and first defendant. Fundamental dishonesty will be pursued by an insurance company even if the finding is made against their own insured. Emily Formby discusses the case for Lexis PSL.’

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39 Essex Chambers, 7th January 2020

Source: www.39essex.com

Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) – St John’s Buildings

Posted November 19th, 2019 in accidents, costs, disclosure, fundamental dishonesty, insurance, news, personal injuries, road traffic by sally

‘This appeal and cross appeal were about a road traffic accident that the Defendant alleged had been staged. Ultimately, the Defendant succeeded in demonstrating that the Claimant had presented a claim that was fundamentally dishonest, albeit that the Court found that his dishonesty related to quantum rather than liability.’

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St John's Buildings, 5th November 2019

Source: stjohnsbuildings.com

Anna Wilkinson discusses Failing to disclose credit cards amounts to fundamental dishonesty in credit hire claim – Park Square Barristers

Posted November 7th, 2019 in accidents, compensation, damages, deceit, disclosure, fundamental dishonesty, negligence, news, personal injuries, road traffic by sally

‘The recently decided appeal of Mansur Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB), is an interesting case and will be useful to practitioners who deal with road traffic matters, both on the finding in respect of liability and the finding of fundamental dishonesty.’

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Park Square Barristers, 31st October 2019

Source: www.parksquarebarristers.co.uk

Credit card lie “made PI claimant fundamentally dishonest” – Litigation Futures

Posted October 17th, 2019 in accidents, appeals, contempt of court, damages, deceit, fundamental dishonesty, news, personal injuries, taxis by sally

‘A personal injury claimant who lied over whether he had credit cards which could have been used to pay for a replacement car, instead of credit hire, was fundamentally dishonest, the High Court has ruled.’

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Litigation Futures, 17th October 2019

Source: www.litigationfutures.com

Judge spikes PI claim from ‘disabled’ victim over fundamental dishonesty – Law Society’s Gazette

Posted May 17th, 2019 in damages, deceit, disabled persons, fundamental dishonesty, insurance, judges, negligence, news, personal injuries by sally

‘The High Court has thrown out a personal injury claim – without letting the case go to full quantum trial – after the litigant presented an ‘egregiously untrue picture’ of his disabilities.’

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Law Society's Gazette, 16th May 2019

Source: www.lawgazette.co.uk

Fundamental dishonesty “should lead to strike-out of whole claim” – Litigation Futures

Posted March 20th, 2019 in costs, damages, fraud, fundamental dishonesty, news, personal injuries, road traffic, statutory interpretation, striking out by sally

‘A finding of fundamental dishonesty in a personal injury claim should mean an associated credit hire claim is also struck out, a circuit judge has ruled.’

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Litigation Futures, 19th March 2019

Source: www.litigationfutures.com

Exaggeration not necessarily fundamental dishonesty – Zenith PI

Posted February 22nd, 2019 in evidence, fundamental dishonesty, news, personal injuries, time limits, video recordings by tracey

‘Spencer Smith v Ashwell Maintenance Limited (Leicester County Court, 21/1/2019) – claimant who was found to have exaggerated and overstated his difficulties not fundamentally dishonest on the basis that his motive was to convince rather than to deceive.’

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Zenith PI, 21st February 2019

Source: zenithpi.wordpress.com

Fundamental dishonesty – you have been warned (hopefully) – Zenith PI

Posted December 4th, 2018 in contempt of court, costs, fraud, fundamental dishonesty, news, personal injuries, road traffic by tracey

‘I recently represented a claimant at trial in relation to a personal injury claim arising out of a road traffic accident. The defendant indicated an intention to pursue a finding of fundamental dishonesty. There were certain aspects of the evidence that might have led to such a finding, but such an outcome was far from certain.’

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Zenith PI, 30th November 2018

Source: zenithpi.wordpress.com

Civil Procedure Discontinuance, QOCA and Fundamental Dishonesty – Zenith PI Blog

Posted September 19th, 2018 in civil procedure rules, costs, fraud, fundamental dishonesty, insurance, news by sally

‘The claimant discontinued a claim. The defendants alleged that the claim was dishonest and asked the court to determine the issue of fundamental dishonesty so the defendants could enforce their entitlement to costs.’

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Zenith PI Blog, 18th September 2018

Source: zenithpi.wordpress.com

Claimant who exaggerated impact of genuine injury found fundamentally dishonest – Litigation Futures

Posted August 21st, 2018 in appeals, damages, fundamental dishonesty, news, personal injuries by sally

‘A claimant who suffered a genuine injury – but admitted being dishonest about the extent of his symptoms tripping in a pothole – has lost his argument that was not fundamentally dishonest.’

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Litigation Futures, 20th August 2018

Source: www.litigationfutures.com

High Court dismisses fundamentally dishonest £850,000 personal injury claim – Litigation Futures

Posted July 20th, 2018 in fundamental dishonesty, news, personal injuries, psychiatric damage, road traffic by tracey

‘The High Court has dismissed in its entirety a £850,000 personal injury claim on the grounds of fundamental dishonesty.’

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Litigation Futures, 19th July 2018

Source: www.litigationfutures.com

Fundamental Dishonesty or Fundamental Miscommunication? – Zenith PI

Posted April 27th, 2018 in carers, compensation, fundamental dishonesty, news, personal injuries by tracey

‘In Wright v Satellite Information Services Limited [2018] EWHC 812 (QB) the Defendant appealed against the decision of the trial judge, HHJ Pearce, who refused to make a finding of fundamental dishonesty within the meaning of section 57 of the Criminal Justice and Courts Act 2015.

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Zenith PI, 27th April 2018

Source: zenithpi.wordpress.com

High Court: claimant who gave “misleading impression” not fundamentally dishonest – Litigation Futures

Posted April 18th, 2018 in evidence, fundamental dishonesty, news, personal injuries by sally

‘A personal injury claimant who gave a “misleading impression” of his injuries was not fundamentally dishonest, the High Court has ruled.’

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Litigation Futures, 17th April 2018

Source: www.litigationfutures.com

‘Overstated’ PI claim was not fundamental dishonesty, appeal rules – Law Society’s Gazette

Posted April 17th, 2018 in appeals, compensation, costs, fundamental dishonesty, news, personal injuries by tracey

‘The High Court has refused to overturn a personal injury ruling despite defendant lawyers arguing that the judge should have found the claim to be “fundamentally dishonest”.’

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Law Society's Gazette, 17th April 2018

Source: www.lawgazette.co.uk

High Court on ‘fundamental dishonesty’ – it must have a “substantial affect” on case – Litigation Futures

Posted January 23rd, 2018 in fundamental dishonesty, misrepresentation, news, personal injuries by sally

‘A personal injury claimant’s dishonest actions must “substantially affect” the presentation of his case if the court is to make a finding of ‘fundamental dishonesty’, the High Court has ruled.’

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Litigation Futures, 22nd January 2018

Source: www.litigationfutures.com

Pleadings & Fundamental Dishonesty – By Andrew Wilson – Park Square Barristers

Posted November 23rd, 2017 in civil procedure rules, costs, fundamental dishonesty, news, pleadings by sally

‘On 30th October 2017, the Court of Appeal finally settled whether fundamental dishonesty needs to pleaded before a Defendant can rely on CPR 44.16(1) to set aside QUOCS.’

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Park Square Barristers, 3rd November 2017

Source: www.parksquarebarristers.co.uk

Defendant does not have to plead dishonesty to disapply QOCS, Court of Appeal rules – Litigation Futures

Posted October 31st, 2017 in appeals, costs, fundamental dishonesty, insurance, news by sally

‘A defendant does not have to specifically plead fundamental dishonesty for a court to find that qualified one-way costs shifting (QOCS) should be disapplied, the Court of Appeal has ruled.’

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Litigation Futures, 31st October 2017

Source: www.litigationfutures.com

Court orders exemplary damages in fundamental dishonesty case – Litigation Futures

Posted January 11th, 2017 in accidents, costs, damages, fraud, fundamental dishonesty, insurance, judges, news, road traffic by sally

‘A district judge in Manchester has made an award of exemplary damages after finding road traffic accident claimants guilty of bringing fundamentally dishonest claims.’

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Litigation Futures, 10th January 2017

Source: www.litigationfutures.com

Defendant firm hails ‘significant’ fundamental dishonesty victory in appeal court – Law Society’s Gazette

Posted December 2nd, 2016 in costs, fundamental dishonesty, insurance, news by sally

‘A leading defendant firm says insurers will be more empowered to deploy fundamental dishonesty defences after another favourable judgment from the Court of Appeal. In Menary v Darnton, which is yet to be published, insurer Aviva was able to appeal the application of qualified one-way costs shifting (QOCS) in favour of the claimant and avoid any costs.’

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Law Society’s Gazette, 1st December 2016

Source: www.lawgazette.co.uk

Caution: Slippery Claimant – Park Square Barristers

Posted November 9th, 2016 in appeals, civil procedure rules, costs, fundamental dishonesty, news, personal injuries by sally

‘Holly Clegg considers: If a Judge finds the Claimant’s evidence to be incredible, should the Defendant necessarily seek a finding of fundamental dishonesty? Not unless such a finding is clearly sustainable on the evidence, according to the case of Meadows v La Tasca Restaurants Limited.’

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Park Square Barristers, 7th November 2016

Source: www.parksquarebarristers.co.uk