Dishonest claims and dishonest claimants (or at least allegedly
dishonest claims and claimants) are by no means a novel phenomenon in
personal injury claims; nor is the insurance industry's desire to
identify and expose such claims and such individuals. However, the legal
framework surrounding allegations of dishonesty, the frequency with
which they are made, and (at least in part) the reasoning and impetus
behind making them, has taken on a different complexion following the
introduction of the concept of 'fundamental dishonesty' into personal
injury litigation.
It is no exaggeration to say that for every practitioner involved in
personal injury claims, a comprehensive understanding of the notion of
'fundamental dishonesty', both as it relates to Qualified One Way Costs
Shifting ("QOCS") and as it relates to s. 57 of the Criminal Justice and
Courts Act 2015, is absolutely essential. It is simply not possible to
carry on practice in this area of the law without an intimate working
knowledge of these principles and how they apply in real terms.
Since 'fundamental dishonesty' first arrived on the scene on the
1st April 2013 as an exception to the QOCS regime, the
concept has continued to develop and expand in its reach and
application. Most importantly the term has been adopted within s. 57 of
the Criminal Justice and Courts Act 2015; a significant piece of
legislation representing a fundamental change to the law as it stood
following the Supreme Court's decision in Summers v Fairclough Homes.
Written with both claimant and defendant practitioners in mind, this
book seeks to consider what it actually means to be 'fundamentally
dishonest'; to identify the relevant Civil Procedure Rules in play; to
look at the costs consequences of a finding of 'fundamental dishonesty';
to trace the origins of s. 57 and consider the wording and effect of the
statutory provision; to discuss the principles expounded in the most
relevant cases; to analyse the procedures and processes to be adopted
when making or defending allegations of 'fundamental dishonesty',
including how and when an application for a finding can and should be
made; and to provide helpful insight and commentary from a practical
perspective.
ABOUT THE AUTHOR
Jake Rowley is a barrister at Farrar's Building specialising in high
value personal injury litigation. His experience spans the full spectrum
of such claims including those arising from road traffic accidents;
employer's liability; public liability; and occupier's liability claims.
His clients include private individuals, local authorities, major UK
insurance companies, well-known national and international commercial
entities, and National Governments.
Jake has a particular interest in, and significant experience of, cases
involving allegations of fraud and/or fundamental dishonesty. A
substantial proportion of Jake's caseload involves accusations of
dishonesty including, allegedly fabricated accidents; staged or induced
collisions; phantom passenger/occupancy cases; low-velocity impacts;
'late presentation' claims; malingering; and fabricated or exaggerated
injuries. Jake brings a meticulous and forensic approach to his
consideration of the evidence and prides himself on conducting thorough
and robust cross-examinations at trial. Jake is regularly invited to
speak or provide training on the law and practice relating to
fundamental dishonesty to both solicitors and insurers.
