Fundamental dishonesty definition

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The RTA small claims protocol—key features checklist

The RTA small claims protocol—key features checklist The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (RTA Small Claims Protocol) applies to accidents which occurred on or after 31 May 2021. The small claims track limit for personal injury claims arising from a road traffic accident has been increased to £5,000 in respect of general damages for pain, suffering and loss of amenity (PSLA) (subject to exceptions set out in CPR 26.10 and CPR 26.11). The RTA Small Claims Protocol applies where a claimant who has suffered personal injuries (including but not limited to whiplash injuries) because of a road traffic accident wishes to make a claim for compensation and the amount claimed for their injuries is not more than £5,000 and for their overall claim is not more than £10,000. For further guidance on the RTA Small Claims Protocol, see Practice Note: The road traffic accident small claims protocol. Key feature CPR section Detail Further information Aims of the Protocol Pre-Action...

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Surveillance evidence in personal injury claims

Surveillance evidence in personal injury claims Overview In civil proceedings, surveillance evidence is most commonly used by defendants in personal injury claims. Its aim is to show any difference between the claimant’s allegations of impairments consequent on the index accident, and the truth. The Civil Procedure Rules (CPR) makes no separate provision for surveillance evidence; a recording is considered a document, and CPR 31 applies. There are three particular features of surveillance evidence that give rise to special considerations: • surprise—it is of the essence of surveillance evidence that it captures the claimant undertaking activities when they have no expectation of being observed by or on behalf of the defendant. Prior notice must, therefore, be avoided; • secrecy—equally, it is essential that the claimant is not made aware of the fact they are being observed. However, there are limits to the lengths that a defendant should go to obtain such evidence; • timing—its forensic value lies in undermining the claimant’s case, and the defendant will therefore...

PI & Clinical Negligence horizon scanner—December 2021 [Archived]

PI & Clinical Negligence horizon scanner—December 2021 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of 2 December 2021. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview. Coronavirus (COVID-19) To stay ahead of the fast-moving changes in the courts’ processes and procedures necessitated by the pandemic and for industry guidance on how to manage cases during the pandemic including medical examinations, service and limitation, see Practice Note: Coronavirus (COVID-19) implications for PI and clinical negligence [Archived]. Pre-action CJC publishes interim report and launches consultation on pre-action protocols The Civil Justice Council (CJC) interim report on the subject of pre-action protocols (PAPs) was published on 15 November 2021. See: LNB News 16/11/2021 7. PI Subcommittee consider PI PAPs in interim report The CJC has published its Interim Report on the subject of PAPs and opened...

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In a personal injury claim, is a defendant obliged to disclose surveillance evidence to the claimant first before filing the same to the court?

In a personal injury claim, is a defendant obliged to disclose surveillance evidence to the claimant first before filing the same to the court? The duty of disclosure is the duty to state that a document exists or has existed (CPR 31.2). Usually this is complied with by providing standard disclosure (CPR 31.5) as ordered by the court. Surveillance evidence will usually fall within the scope of standard disclosure in that it will support or adversely affect the case of one of the parties (CPR 31.6). Once a document has been disclosed a party to whom it has been disclosed has a right to inspect it (CPR 31.3). The duty of standard disclosure is a continuing duty and CPR 31.11(2) specifically states that ‘If documents to which that duty extends come to a party’s notice at any time during the proceedings, he must immediately notify every other party’. Therefore, once the date for an order for standard disclosure has passed, there is a duty to notify other parties to the...

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and judgment was given by the court in favour of the defendant for damages and a costs order was made in his favour pursuant to CPR 45.29G. The court order, however, also includes a provision that the sum ordered for costs is not to be enforced without permission of the court. Does the claimant's QOCS protection extend to cover the costs order made in the defendant's favour in respect of the costs of successfully bringing his counterclaim?

We act for the defendant in a claim. The defendant defended the claim and brought a counterclaim against the claimant. The case proceeded to trial and judgment was given by the court in favour of the defendant for damages and a costs order was made in his favour pursuant to CPR 45.29G. The court order, however, also includes a provision that the sum ordered for costs is not to be enforced without permission of the court. Does the claimant's QOCS protection extend to cover the costs order made in the defendant's favour in respect of the costs of successfully bringing his counterclaim? Given the reference to CPR 45.29G, this Q&A assumes that the defendant’s counterclaim included a claim for personal injuries to which the RTA Protocol applies (ie one for between £1,000 and £25,000). See Practice Note: Fixed costs in road traffic accident claims. CPR 45.29G specifies that, in these circumstances, and where the counterclaim succeeds, CPR 45.29B, CPR 45.29C, CPR 45.29I, CPR 45.29J, CPR 45.29K and...

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UK insurers abusing dishonesty defence, legal body warns

Law360, London: Insurers are using allegations of fraud in a 'scattergun' approach in defending against personal injury claims, the Association of Personal Injury Lawyers (APIL) warned on 5 June 2025.

PI & Clinical Negligence weekly highlights—29 May 2025

This week’s edition of PI & Clinical Negligence weekly highlights includes a High Court decision which considers accommodation costs and how the guidance set out in Swift v Carpenter should be applied in a case involving a short life expectancy. The Whiplash Injury (Amendment) Regulations 2025 come into force on 31 May 2025 and increase tariff amounts where a cause of action accrues on or after 31 May 2025. In addition, we have our usual round-up of other news, cases and New Law Journal articles of interest.