This site uses cookies.

Practitioner's Update: Mustard v Flower & Ors [2021] EWHC 846 (QB) - Harry Peto, Temple Garden Chambers

19/04/21. This case arose out of a road traffic accident. One of the Defendants (“the Defendant”) applied to amend its Defence to allege fundamental dishonesty (“FD”) and that the Claimant consciously or subconsciously was exaggerating her injuries.

The Claimant opposed this amendment on the grounds that this amounted to an allegation of fraud which was not properly particularised and for which there was no basis in evidence, contrary to Rule 9 of the BSB Code of Conduct. The Defendant’s response was that there was no positive averment of dishonesty but a mere alerting of the nature of the Defendant’s case at trial: it intended to explore in cross-examination whether the claimant was consciously exaggerating her symptoms for gain.

The Law

s.57 of the Criminal Justice and Courts Act 2015 provides that, where a claimant claiming for personal injury is fundamentally dishonest in relation to the primary claim or a related claim, the court must dismiss the primary claim unless the claimant would suffer substantial injustice if the claim were dismissed. The dismissal includes any...

Image ©

Read more (PIBULJ subscribers only)...

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.