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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

back-to-top-scroll