Category: fundamental dishonesty

QOCS: The Strike Out and Fundamental Dishonesty Exceptions in Action – Hardwicke Chambers

Posted August 25th, 2016 in civil procedure rules, costs, evidence, fundamental dishonesty, interpreters, news, striking out by sally

‘There are still relatively few findings of fundamental dishonesty being made by Courts. Despite the fact that this is obviously an important exception to the QOCS regime, the fundamental dishonesty threshold is proving a difficult hurdle for Defendants to meet. This article explores a recent finding of fundamental dishonesty and the lessons that can be learned by Claimants and Defendants in such cases.’

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Hardwicke Chamebrs, 17th August 2016

Source: www.hardwicke.co.uk

The fight against fraud – New Law Journal

Posted July 27th, 2016 in civil procedure rules, compensation, costs, damages, fraud, fundamental dishonesty, insurance, local government, news, personal injuries, solicitors by sally

‘“Fundamental dishonesty” and other measures, outlined by Denise Brosnan.’

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New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

No escape from dishonesty hearing for claimant who discontinued – Litigation Futures

Posted April 27th, 2016 in costs, fraud, fundamental dishonesty, news, personal injuries, proportionality by sally

‘A personal injury claimant cannot escape a fundamental dishonesty hearing by serving a notice of discontinuance, a circuit judge has held.’

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Litigation Futures, 27th April 2016

Source: www.litigationfutures.com

Court heaps landmark contempt sentence on whiplash cheat – Litigation Futures

Posted April 19th, 2016 in contempt of court, costs, fraud, fundamental dishonesty, insurance, news, personal injuries, sentencing, suspended sentences by sally

‘A semi-professional footballer who brought a fake whiplash claim has suffered twice over after a four-month suspended sentence for contempt was heaped on an £11,000 costs order for bringing a fundamentally dishonest claim.’

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Litigation Futures, 19th April 2016

Source: www.litigationfutures.com

An Approach to Fundamental Dishonesty in the Claimant’s Absence – Zenith PI Blog

Posted April 12th, 2016 in appeals, civil procedure rules, costs, fundamental dishonesty, news by sally

‘A notable and well-known exception to Qualified One-Way Costs Shifting (QOCS) is that a Claimant whose claim is found to be “fundamentally dishonest” loses the protection of the QOCS rules.’

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Zenith PI Blog, 11th April 2016

Source: www.zenithpi.wordpress.com

Trumping the Trump – or how to meet a claim to privilege following discontinuance in a fundamental dishonesty claim – Park Square Barristers

Posted October 7th, 2015 in disclosure, evidence, fundamental dishonesty, news, personal injuries, privilege by sally

‘It is common practice for an unscrupulous claimant, to run a doubtful personal injury claim to the door of the court, hoping to force a settlement, and then, at the last minute, to discontinue, in order to avoid the risk of failure, a finding of fundamental dishonesty and a costs liability.’

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Park Square Barrister, 18th September 2015

Source: www.parksquarebarristers.co.uk

Courts given stronger powers to strike out ‘fundamentally dishonest’ claims, says expert – OUT-LAW.com

Posted June 18th, 2015 in fraud, fundamental dishonesty, insurance, news, personal injuries, striking out by sally

‘Courts in England and Wales now have the power to strike out personal injury claims in their entirety if the person making the claim has been fundamentally dishonest, even if parts of the claim were genuine.’
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OUT-LAW.com, 17th June 2015

Source: www.out-law.com

“Fundamental dishonesty” and striking out in personal injury cases: ten key procedural points – Zenith PI

Posted May 12th, 2015 in fundamental dishonesty, news, personal injuries, striking out by tracey

‘The rule as to “fundamental” dishonesty has attracted a lot of attraction (and a lot of heated debate). However there has been very little examination of the details of the Act and the consequent procedural consequences. There are 10 key points which every personal injury litigator must be aware of.’

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Zenith PI, 9th May 2015

Source: www.zenithpi.wordpress.com

Procedure – 39 Essex Chambers

Posted April 29th, 2015 in anonymity, costs, damages, dismissal, fundamental dishonesty, legislation, media, news, personal injuries by sally

‘Section 57 of the Criminal Justice and Courts Act 2015 comes into force on 13 April 2015.

Section 57, which introduces the presumption of dismissal in personal injury claims where the claimant has been found to be fundamentally dishonest in relation to a primary or related claim, comes into force on 13 April 20151. The explanatory notes to the Bill for this Act confirm that this provision is designed to extend the power identified in Summers v Fairclough Homes Ltd2 beyond the very exceptional circumstances required there under for an abusive claim to be struck out at the end of trial. The reference to a ‘related claim’ makes it clear that the Shah v Ul-Haq3 style claimant, who dishonestly supports the fraudulent claim of another, will also stand to lose their own (honest) claim.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

Satellite litigation warning as new fundamental dishonesty rule comes into force – Litigation Futures

Posted April 13th, 2015 in civil procedure rules, costs, criminal justice, damages, fraud, fundamental dishonesty, news, personal injuries by sally

‘The new rule on fundamental dishonesty in personal injury actions, which comes into force today under section 57 of the Criminal Justice and Courts Act 2015, brings with it “a lot of potential for satellite litigation”, a leading defence lawyer has warned.’

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Litigation Futures, 13th April 2015

Source: www.litigationfutures.com

Personal injury claims: cases of fundamental dishonesty – Park Square Barristers

Posted April 7th, 2015 in fraud, fundamental dishonesty, inducements, news, personal injuries by sally

‘On 12 February 2015, the Criminal Injuries and Courts Act 2015 received royal assent. Buried in the midst of this legislation are 5 sections which address issues of significant importance and interest to personal injury (PI) lawyers – cases of fundamental dishonesty and inducements.’

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Park Square Barristers, 31st March 2015

Source: www.parksquarebarristers.co.uk

Law firms need to rethink approach under ‘fundamentally dishonest’ rule, barristers warn – Litigation Futures

Posted February 23rd, 2015 in barristers, burden of proof, fundamental dishonesty, law firms, news, personal injuries, solicitors by sally

‘Claimant solicitors have been warned that they need to review their retainers and advise clients about the implications of the new ‘fundamentally dishonest’ rule being introduced shortly.’

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Litigation Futures, 23rd February 2015

Source: www.litigationfutures.com

Developments in fundamental dishonesty – Hardwicke Chambers

Posted September 24th, 2014 in bills, costs, criminal justice, damages, fundamental dishonesty, medical treatment, news, personal injuries by sally

‘Personal injury practitioners will be aware of the significance of a finding of fundamental dishonesty in the context of Qualified One-Way Costs Shifting (“QoCs”) following the implementation of the Jackson reforms. In addition to this those words could soon take on a new significance in the context of a defendant’s liability to a claimant and consequent costs orders in personal injury claims.’

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Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

New ‘fundamental dishonesty’ rule may act “as deterrent”, MoJ says – Litigation Futures

Posted August 21st, 2014 in compensation, fundamental dishonesty, news, personal injuries by tracey

‘The government believes its new ‘fundamental dishonesty” rule could lead not only to the number of personal injury claims being reduced but may “have some form of deterrent effect” against exaggeration, it has emerged.’

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Litigation Futures, 21st August 2014

Source: www.litigationfutures.com

Lords agree ‘fundamental dishonesty’ clause – Law Society’s Gazette

Posted July 25th, 2014 in bills, compensation, fraud, fundamental dishonesty, news, personal injuries by tracey

‘Peers have agreed to a clause in proposed legislation that gives courts the power to dismiss personal injury claims where the claimant has been “fundamentally dishonest”.’

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Law Society’s Gazette. 24th July 2014

Source: www.lawgazette.co.uk

Exaggerated symptoms see claimant lose QOCS protection in first ‘fundamental dishonesty’ decision – Litigation Futures

Posted May 15th, 2014 in costs, fundamental dishonesty, news, personal injuries by tracey

‘A circuit judge has ruled that a personal injury claimant who exaggerated the extent of his ongoing symptons should be denied the protection of qualified one-way costs shifting (QOCS) on the grounds that the claim was “fundamentally dishonest”.’

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Litigation Futures, 14th May 2014

Source: www.litigationfutures.com