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What Is 'Fundamental Dishonesty' and How Will It Impact on Personal Injury Claims? - Karen Mann, Hodge Jones & Allen

15/06/15. In the Law Society Gazette (20th April 2015 issue) Jonathan Wheeler, the incoming president of the Association of Personal Injury Lawyers (APIL), wrote of his intention to turn the tables on insurers over 'fundamental dishonesty legislation'. The Government has recently implemented new rules which prevent a Claimant receiving compensation if they have been found to be fundamentally dishonest, unless the decision leads to substantial injustice (Criminal Injuries and Courts Act 2015).

What is fundamental dishonesty?

Where a Claimant had been dishonest in a personal injury claim, which is fundamental to the case, such as exaggeration of symptoms of the injury sustained in an accident then there is a possibility that the whole claim could be dismissed. There is no definition of fundamental dishonesty in the Act but in the Case of Gosling v Hailo & Screwfix (2014 County Court case) it includes significant exaggeration and/or misrepresentation of the extent of the ongoing symptoms...

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