Tag Results

Those who settle claims “with eyes wide open” cannot revive them, appeal judges tell insurer

An insurer cannot use the law of misrepresentation to unpick a personal injury settlement made with its “eyes wide open”, the Court of Appeal has ruled.

April 1st, 2015 | No Comments »

Peers question new ‘fundamental dishonesty’ rule for personal injury claims

A clause inserted at the last minute into the Criminal Justice and Courts Bill, requiring courts to dismiss personal injury claims in their entirety where claimants have been “fundamentally dishonest”, has divided peers.

July 2nd, 2014 | No Comments »

Exaggerated symptoms see claimant lose QOCS protection in first ‘fundamental dishonesty’ decision

A circuit judge has ruled that a personal injury claimant who exaggerated the extent of his ongoing symptons should be denied the protection of qualified one-way costs shifting (QOCS) on the grounds that the claim was “fundamentally dishonest”.

May 14th, 2014 | No Comments »