“FUNDAMENTAL DISHONESTY” AND STRIKING OUT IN PERSONAL INJURY CASES: TEN KEY PROCEDURAL POINTS

Civil Litigation Brief

The rule as to “fundamental” dishonesty has attracted a lot of attraction (and a lot of heated debate). However there has been very little examination of the details of the Act and the consequent procedural consequences.  There are 10 key points which every personal injury litigator must be aware of.

TEN KEY POINTS

There are a number of important procedural issues here which litigators must be aware of:

1. The section cannot apply to cases where liability is disputed. The court has to find that “the claimant is entitled to damages” before it can make an order under this section

A defendant cannot make an application in a case where liability is in issue unless it is is prepared to concede that the claimant is entitled to damages. If the defendant has not admitted liability the defendant may have to admit liability before making an application in order that the…

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One comment

  1. […] Exall looked at “Fundamental Dishonesty” and Striking Out in Personal Injury Cases: Ten Key Points (May […]

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