Personal Injury analysis: Dominique Smith, barrister, specialising in Personal Injury at 1 Chancery Lane, discusses the latest developments in relation to fundamental dishonesty, including how the courts deal with such allegations, and what practical steps practitioners should take when dealing with, or making, such an application.
Introduction
For several years, the courts have been faced with personal injury claims where allegations are raised to suggest they may have been exaggerated or are fraudulent. Since the introduction of the Qualified One-way Costs Shifting (“QOCS”), defendants have an opportunity to obtain their costs pursuant to CPR 44.16(1) from a claimant who is found to be fundamentally dishonest. Consequently, it is not uncommon for allegations of fundamental dishonesty to ...