Webinars by Practice Area
Lies, Exaggeration and Fundamental Dishonesty
Recorded on: 13/10/2020
A leading defendant law firm said earlier this year that there are signs courts are more willing to make findings of fundamental dishonesty when they reject claimants’ cases.
Recent cases indicate that judges will make such findings on the basis of their assessment of the claimant alone, rather than needing “arduous investigation and specific pleading from the defendant”.
The law is developing and the scope of fundamental dishonestly is expanding. A claimant does not need to be dishonest about the actual accident to fall foul of it – last year, one was found fundamentally dishonest for lying over whether he had credit cards which could have been used to pay for a replacement car, instead of credit hire. Earlier this year, the High Court ruled a recorder was wrong to find that a claimant was not fundamentally dishonest because he did not persist with his dishonesty.
An otherwise unanswerable claim can fail if tainted by dishonesty, with special rules applying to personal injury claims. No claim or defence is immune from adverse consequences if tainted by lies.
Relevant to every civil litigator, this webinar will cover:
- What constitutes fundamental dishonesty?
- What happens if false information is advanced under a protocol?
- Costs penalties
- The law of contempt explained
- Striking out
- Must fraud be pleaded?
- What you must tell every client