Posted inClinical negligence Issue 12

Fundamental Dishonesty

Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 (QB) Mr Cojanu, the Claimant, arrived in prison in need of surgery. His injuries, deep cuts to his fingers, were sustained when he attacked his wife with a knife – the very incident which landed him in prison in the…
May 2, 2023Posted inClinical negligence, Issue 12Tags:
Posted inClinical negligence Issue 10

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)…
January 24, 2022Posted inClinical negligence, Issue 10Tags:
Posted inClinical 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…
March 8, 2021Posted inClinical negligence, Issue 7Tags:
Posted inCosts 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…
March 8, 2021Posted inCosts, Issue 7Tags:
Posted inClinical 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…
July 1, 2019Posted inClinical negligence, Costs, Issue 2, Personal injury, QuantumTags: ,