header-logo header-logo

The truth hurts

spencer-kinley

David Spencer & Alistair Kinley assess the government’s attempt to legislate for the fundamentally dishonest

One particular clause of the Criminal Justice and Courts Bill has been exercising the minds and mouths of a number of personal injury practitioners, following a government amendment introduced by Justice Secretary Chris Grayling in June 2014.

The provision requires that, following the defendant’s application, the court shall (ie must) dismiss all of the claimant’s claim for damages for personal injuries if it is satisfied on the balance of probabilities that the claimant has been “fundamentally dishonest”, unless in doing so the claimant would suffer “substantial injustice”.

Background to the courts’ new duty

Fraud has gained particular prominence since the 2012 Supreme Court case of Fairclough Homes v Summers [2012] UKSC 26, [2012] 4 All ER 317, in which Lord Clarke confirmed the courts’ power to strike out fraudulent claims in their entirety, at any stage, as an abuse of the court’s process. That judgment reversed the Court of Appeal’s earlier decision

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll