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Articles matching "fundamental dishonesty"
QOCS and fundamental dishonesty: the implications of withholding disclosure in a credit hire claim
DWF and QBE have successfully obtained a finding of fundamental dishonesty against a claimant for failing to provide full financial disclosure in a credit hire claim, resulting in the claimant losing…
Read moreThe whole claim and nothing but the claim
The judgment in the appeal in Basir v Larizadeh, heard earlier this year has recently become available, and highlights a further difficulty that has arisen with the interpretation of s.57 Criminal…
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The right time for fundamental dishonesty
The latest High Court decision on fundamental dishonesty is interesting for its consideration of the timing of the defendant's application, and the concept of "substantial injustice" in the context of…
Read moreFailure to establish fundamental dishonesty shows pitfalls to be avoided
The decision by HHJ Hampton in the Leicester County Court in Spencer Smith v Ashwell Maintenance Limited on 23 January 2019 just over a year after the LOCOG v Sinfield (2018) decision has raised more…
Read more£6.6 million personal injury claim falls away due to fundamental dishonesty
DWF has obtained a significant reduction in a substantial claim for damages, raising arguments of fundamental dishonesty. Whilst the claimant had genuinely suffered a serious hip fracture, the…
Read moreNIHL fundamental dishonesty finding
DWF working with Allianz Insurance has succeeded in obtaining a finding of fundamental dishonesty in a claim for noise induced hearing loss, where it emerged that the claimant had brought a similar…
Read moreAn unconvincing performance in a plotline full of holes
DWF has successfully obtained a finding of fundamental dishonesty against a claimant who was found to have fabricated the vast majority of a personal injury claim for £850,000 following what was…
Read moreCredibility of witnesses and fundamental dishonesty: two fraudulent claims dismissed on appeal
The High Court recently considered the issue of fundamental dishonesty under section 57 Criminal Justice and Courts Act 2015 ("s.57"), with differing results, in two appeals from judgments given by…
Read moreInvestigation into suspected exaggeration helps QBE defeat £150,000 claim and recover costs
DWF, Cunningham Lindsey t/a Sedgwick, and QBE have successfully obtained a finding of fundamental dishonesty against a claimant who exaggerated the nature and extent of the injuries he suffered in an…
Read moreClaimant avoids finding of fundamental dishonesty by the court attributing blame instead to his expert
In the third in a series of recent High Court decisions grappling with the concept of 'fundamental dishonesty' in relation to section 57 of the Criminal Justice and Courts Act 2015 ("Section 57"), DWF…
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