Tag Results

High Court: claimant who gave “misleading impression” not fundamentally dishonest

A personal injury claimant who gave a “misleading impression” of his injuries was not fundamentally dishonest, the High Court has ruled. Mrs Justice Yip said that in finding that the man “had not established his claim for future care”, the trial judge was “not bound to find” he was dishonest.

April 18th, 2018 | No Comments »

No escape from dishonesty hearing for claimant who discontinued

A personal injury claimant cannot escape a fundamental dishonesty hearing by serving a notice of discontinuance, a circuit judge has held. HHJ Gosnell said QOCS had not changed a much older rule that the service of a notice of discontinuance “is not the end of the matter for a claimant”.

April 27th, 2016 | No Comments »

Satellite litigation warning as new fundamental dishonesty rule comes into force

The new rule on fundamental dishonesty in personal injury actions, which comes into force today under section 57 of the Criminal Justice and Courts Act 2015, brings with it “a lot of potential for satellite litigation”, a leading defence lawyer has warned.

April 13th, 2015 | No Comments »

QOCS disapplied in rare ‘fundamental dishonesty’ ruling

National firm DWF has secured one of the first ‘fundamental dishonesty’ rulings, denying a claimant the protection of qualified one-way costs shifting (QOCS).

April 8th, 2015 | 3 Comments »

Insurers’ tactics to “remain the same” after fundamental dishonesty rule

Insurers’ tactics are likely to “remain the same” after the introduction of the government’s new ‘fundamental dishonesty’ rule for personal injury cases, a leading defence lawyer has argued.

January 27th, 2015 | No Comments »

QOCS protection lost after court finds claimant faked injury

Insurer Admiral has claimed victory in a whiplash case where its customer claimed there was no contact between the two vehicles. As a result, the claimant lost the protection of qualified one-way costs shifting.

October 1st, 2014 | No Comments »