This Practice Note considers Fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the Loss of qualified one-way Costs shifting (QOCS) protection under CPR 44.16.

The term ‘fundamental dishonesty’ is referred to in both CJCA 2015, s 57 and CPR 44.16(1):

1. •

   CJCA 2015, s 57 allows for an entire personal injury claim to be dismissed, including any genuine elements, on the basis that the claimant has been fundamentally dishonest in relation to the primary claim or a related claim

2. •

   CPR 44.16(1) provides an exception to QOCS protection by allowing costs orders to be enforced to their full extent in fundamental dishonesty cases

However, the term fundamental dishonesty is not defined in CJCA 2015 or the CPR and its meaning and scope has therefore been left to the court’s discretion.

For a look at the case law to date on fundamental dishonesty, see Practice Note: Fundamental dishonesty—case tracker.

For more information on CJCA 2015, s 57, see Practice Note: Personal injury claims