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Articles matching "fundamental dishonesty"
Failure 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…
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£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 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…
Read moreSecond High Court decision shows increasing importance of fundamental dishonesty
Stratos Gatzouris reviews the recent decision in Razumas v Ministry of Justice (2018), in which the High Court has followed January's decision in London Organising Committee of the Olympic and…
Read morePerseverance in chronic pain case results in significant savings
John Lezemore and Adela Carrasco of DWF have recently obtained significant savings on a claim presented as a chronic pain case valued at over £1million.
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Claimant scythed down by Section 57
The decision of the High Court in London Organising Committee of the Olympic and Paralympic Games (In Liquidation) ("LOCOG") v Haydn Sinfield ("Sinfield") on 22 January 2018, has opened up further…
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Fundamental dishonesty goes beyond claims in the fast track
Although there are many reports of a finding of fundamental dishonesty in whiplash cases, they are only now starting to emerge in larger claims. Sunil Nannar looks at the judgment in one such case,…
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