Fundamental dishonesty—case tracker
Fundamental dishonesty—case tracker

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

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

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 qualified one-way costs shifting (QOCS). 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 details Background Outcome
Khan v Aviva Insurance Ltd
[2019] Lexis Citation 330

Northampton County Court

August 2019
The defendant argued that the road traffic accident (RTA) was a low velocity impact.

The defendant asserted that it was unlikely that the claimant had suffered any injury and that the claimant had been fundamentally dishonest.
The judge at trial determined that the claimant had failed to prove their claim but declined to make a finding of