Personal injury claims and the Criminal Justice and Courts Act

The main aim of the Criminal Justice and Courts Act 2015 (CJCA 2015) is to make provision about how offenders are dealt with before and after conviction and to amend the offence of possession of extreme pornographic images. However, it also deals with proceedings and powers of courts and tribunal and judicial review.

The relevant sections of CJCA 2015 came into effect on 13 April 2015.

For practitioners working in the fields of personal injury and clinical negligence law, the significant parts of the Act are in Part 3 entitled ‘Courts and Tribunals’. The Act alters the common law position relating to dishonesty in civil claims. Courts already have power to strike out claims in their entirety for an abuse of process, but this power is to be exercised only in exceptional circumstances. Under the fundamental dishonesty provisions in CJCA 2015 courts are obliged to dismiss the claim for fundamental dishonesty (see below), subject to a substantial injustice exception. The court cannot find in favour of the claimant and reduce damages.