Claims involving fraud and fundamental dishonesty

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Practice notes
Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability...
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19th May
Practice notes
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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19th May
Practice notes
What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
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19th May
Practice notes
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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19th May
Practice notes
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes
CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
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19th May
Practice notes
Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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19th May
Practice notes
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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19th May
Practice notes
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Practice notes
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
Practice notes
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
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19th May
Practice notes
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May
Practice notes
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
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19th May

Most recent Claims involving fraud and fundamental dishonesty content

Practice notes
Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson...
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8th Jul
Practice notes
Fraud in personal injury claims—remedies and consequencesDuties and responsibilities of parties and legal advisersPleadings—CPRBy CPR 16.5(2), where a...
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Produced in partnership with Andrew Wilson 22nd Jun
Practice notes
Fundamental dishonesty—case trackerThis case tracker considers case law to date on fundamental dishonesty particularly in the context of the court’s...
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8th Jun
Q&As
If a defendant’s part 36 offer is varied downwards due to the discovery of dishonesty on the part of the claimant, will the defendant be protected in...
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5th Jun
Practice notes
Personal injury claims and the Criminal Justice and Courts ActThe main aim of the Criminal Justice and Courts Act 2015 (CJCA 2015) is to make...
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5th Jun
Practice notes
Qualified one-way costs shifting (QOCS)—case trackerThis case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in...
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5th Jun
Practice notes
Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 5th Jun
Practice notes
Fraud, exaggeration and LVIs in personal injury claimsDefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has...
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Produced in partnership with Andrew Wilson 5th Jun
Practice notes
What is fundamental dishonesty?This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and...
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5th Jun
Practice notes
Surveillance evidence in personal injury claimsOverviewIn civil proceedings, surveillance evidence is most commonly used by defendants in personal...
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Produced in partnership with David Willink of Lamb Chambers 5th Jun

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