‘FUNDAMENTAL DISHONESTY’ in personal injury claims
On 13th April 2015 s.57 Criminal Justice and Courts Act 2015 came into force.
It places an obligation upon the Court, on an application by the Defendant, to strike out personal injury claims that are found to be fundamentally dishonest.
Dismissal of the claim is mandatory unless the court is satisfied that the Claimant would suffer substantial injustice if the claim were dismissed.
Should the Court make such an Order it must record in the Order the amount of damages that would have been awarded but for the finding of fundamental dishonesty. However the Claimant will only pay the Defendant’s costs to the extent that they exceed the amount of damages recorded.
It will be interesting to see how the Courts will define ‘fundamentally dishonest’ and ‘substantial injustice’.
EMMA CATTERMULL
If you require assistance with any personal injury matter please email my clerk RobertGibson@octagon-legal.co.uk or call 01603 623186.
