Fundamental dishonesty—case tracker
Fundamental dishonesty—case tracker

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 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 detailsBackgroundOutcome
Long v Elegant Resorts Ltd
[2021] EWHC 1330 (QB), [2021] All ER (D) 57 (May)

Queen’s Bench Division

May 2021
The claimant claimed that an accident he sustained at work caused a traumatic brain injury. The defendant contended that the accident caused no more than a bump on the head, with no long term consequences.

The defendant contended that the claimant had exaggerated his case, alleging fundamental dishonesty on the basis of matters which had not been pleaded by the claimant.
The court found that the claimant had not been fundamentally dishonest, and held that the court must be careful in drawing conclusions adverse to the honesty of the claimant

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