Kerry Underwood

FUNDAMENTAL DISHONESTY DESTROYS CLAIM EVEN IF CORRECTED

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The matters dealt with in this piece are examined in great detail in my three volume, 1,300 page book Personal Injury Small Claims, Portals and Fixed Costs – price £50 and available from Underwoods Solicitors here.

These principles, and the whole issue of Qualified One-Way Costs Shifting, is dealt with in my book – Qualified One-Way Costs Shifting, Section 57 and Set-Off – Available from me here for £15.

Kerry Underwood offers consultancy services in relation to this and other matters and details are here.

 

In

Roberts v Kesson & Anor [2020] EWHC 521 (QB)

the High Court allowed the defendant’s appeal and held that the trial judge should have found that the claimant had been fundamentally dishonest.

The claimant made an untrue witness statement which he subsequently corrected and the trial judge said:

 

“It is right that he has accepted that he was dishonest in part when making his first statement, but I do observe that he did not persist with that dishonesty.”

 

The High Court said:

 

“54. Ultimately, I have reached a different conclusion adverse to the interests of the Claimant on that claim in relation to his first witness statement. The language of Section 57 is important. The Court must be satisfied on the balance of probabilities that the Claimant has been fundamentally dishonest. The real question is whether the Claimant has been fundamentally dishonest and not whether he has persisted in that dishonesty. In my judgment, the only permissible conclusion on all the available evidence is that the Claimant has been fundamentally dishonest in advancing a false claim in the schedule of loss and a false claim in his first witness statement.”

 

The dishonesty is the key issue, not whether the claimant persisted in that dishonesty.

Written by kerryunderwood

March 12, 2020 at 7:28 am

Posted in Uncategorized

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