Fundamental Dishonesty Archives

A Review of Fundamental Dishonesty Cases in 2021

Iddon v Warner [2021] EWHC 587 (QB) Calderdale and Huddersfield NHS Trust v Metcalf [2021] EWHC 611 (QB) Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB) Michael v IE & D Hurford Ltd[2021] EWHC 2318 (QB) Mustard v Flower & Ors [2021] EWHC 846 (QB)…

By Suzanne Lambert January 24, 2022Clinical negligence, Issue 10Fundamental Dishonesty

Clinical negligence Issue 7

Surveillance Evidence and Fundamental Dishonesty

Wilcox v King’s College Hospital NHS Foundation Trust [2020] EWHC 2555 (QB) Garraway v Holland & Barrett Limited [2020] 3 WLUK 582 (accessible on Lawtel and Westlaw only) Two recent decisions consider the use of surveillance evidence in the context of fundamental dishonesty. Wilcox v King’s College Hospital NHS Foundation…

By Dominic Ruck Keene March 8, 2021Clinical negligence, Issue 7Fundamental Dishonesty

Costs Issue 7

Fundamental Dishonesty Removes Costs Protection

David Pegg v (1) David Webb (2) Allianz Insurance PLC [2020] EWHC 2095 (QB) Introduction Martin Spencer J held that a judge had erred in dismissing a personal injury claim but not finding that the Claimant had been fundamentally dishonest and, given the finding of fundamental dishonesty, CPR Rule 44.16…

By Suzanne Lambert March 8, 2021Costs, Issue 7Fundamental Dishonesty

Clinical negligence Costs Issue 2 Personal injury Quantum

Fundamental Dishonesty

This article originally appeared in Issue 2 (July 2019). Introduction There are two separate and distinct regimes relating to fundamental dishonesty in litigation which have been available in personal injury claims since 2013. However, in the last year or two, there has been increasing attention focused on the perils and…

By Suzanne Lambert July 1, 2019Clinical negligence, Costs, Issue 2, Personal injury, QuantumFundamental Dishonesty, QOCS