Fundamental dishonesty—case tracker
Published by a LexisNexis PI & Clinical Negligence expert
Last updated on 29/07/2020

The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:

  • Fundamental dishonesty—case tracker
  • No finding of fundamental dishonesty
  • Finding of fundamental dishonesty

Fundamental dishonesty—case tracker

This case tracker considers case law to date on fundamental dishonesty particularly in the context of the court’s power to dismiss a claim under section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) but also in the context of an exception to qualified one-way costs shifting (QOCS) protection under CPR 44.16.

These decisions give some guidance on how the courts are interpreting fundamental dishonesty. Where available we have linked to the cases and/or analysis. This case tracker should be read in conjunction with Practice Notes: What is fundamental dishonesty?, Personal injury claims and the Criminal Justice and Courts Act, Qualified one-way costs shifting (QOCS) and Qualified one-way costs shifting (QOCS)—case tracker.

No finding of fundamental dishonesty

Case name and detailsBackgroundOutcome
Jenkinson v Robertson
[2022] EWHC 791 (QB), [2022] All ER (D) 34 (Apr)

Queen’s Bench Division (Manchester District Registry)

March 2022
Before trial, the defendant indicated that it may seek a finding that the claimant’s claim was fundamentally dishonest. The claimant sought particulars of that allegation but this was not provided by the defendant.

At trial, the court found that the claimant was fundamentally dishonest. The claimant appealed.
The court held that the claimant was not given adequate notice of the allegations and a proper opportunity to respond.

What amounts to such notice or opportunity in a given case will depend on
Related documents:
Key definition:
Fundamental dishonesty definition
What does Fundamental dishonesty mean?

The exact definition of fundamental dishonesty is not defined in the CPR or the Criminal Justice and Courts Act 2015. Where the court makes a finding of fundamental dishonesty the usual qualified one-way costs shifting cost rule will not apply and the entire personal injury claim may be dismissed.

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