Fundamental Dishonesty - The Latest with Dominic Regan

Introduction

Any litigator dealing with personal injury claims needs to be alert to the law of fundamental dishonesty. This year, Claimants seriously injured have respectively been denied damages of £600,000 and £1.2m on account of exaggerating their genuine symptoms.

Defendants are red hot in pursuit of this argument because, if established, the Defendant walks away without paying damages or costs. The dishonest claimant could then be pursued for Contempt of Court under CPR 81 and so risk imprisonment for up to 2 years.

What You Will Learn

This live and interactive course will cover the following:

• The 2015 legislation
• Must fundamental dishonesty be pleaded?
• What is the burden of proof?
• Core evidence
• The Olympic Park judgment
• The substantial injustice test as considered by Ritchie J in 2024
• How and when to warn claimants
• Costs consequences

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.