When someone has been injured because of an accident or medical treatment, they may be able to claim compensation if it can be shown the injury was caused by another party’s negligence.

A claim for damages where negligence is established will comprise damages for pain and suffering known as general damages and a claim for special damages for associated costs such as loss of earnings, medication and care.

If, however, the person bringing the claim (“the Claimant”) is found by the Court to have deliberately exaggerated their claim for injury or financial losses during the litigation, it can be catastrophic to the claim and lead to a finding of fundamental dishonesty against them.

What is Fundamental Dishonesty?

It is defined in Section 57 of the Criminal Justice and Courts Act 2015. The purpose of the legislation introduced by the government is to deter Claimants from making untrue, fraudulent and exaggerated claims in personal injury litigation.

Examples of conduct that may give rise to a finding of fundamental dishonesty include giving evidence about an issue that is known to be untrue, deliberately exaggerating the extent of an injury, claiming that care or other assistance is needed with aspects of daily living when this is not the case and general inconsistencies in evidence, such as providing different accounts to different medical doctors.

The Defendant in litigation is likely to be on the lookout for any aspect of the evidence that can potentially be challenged by an allegation of fundamental dishonesty because of the catastrophic consequences on the claim if the allegation is proven to be true. It is not unusual for a Defendant to place covert surveillance on a Claimant to attempt to catch them doing tasks they say they cannot do, or to look at social media accounts owned by them with a similar motive.

Who must prove fundamental dishonesty?

The Defendant must prove the allegation, and it is usually pleaded in their defence. The Court can, however, still make a finding of fundamental dishonesty against a Claimant after hearing evidence at Trial that is inconsistent from the evidence pleaded and given by the Claimant during the case. It is open to the Court to make this finding even if the Defendant has not pleaded the allegation in their defence.

What is a statement of truth in a document in Personal Injury litigation?

Any document containing the Claimant’s evidence in Personal Injury litigation must be verified by a statement of truth which confirms that the Claimant believes the contents of the document are true and that the Claimant also understands the consequences that follow if the evidence is subsequently found to be untrue.

If a Claimant signs the statement knowing that evidence in the statement is untrue, the Court can make a finding of fundamental dishonesty based on this fact alone.

What will happen if a Claimant is found to be fundamentally dishonest?

If a claimant is found to have been dishonest because of providing evidence they know to be untrue, or exaggerating an injury, the following consequences can apply:

  • The claim can be dismissed. This will result in the claimant recovering no damages at all even if they have been honest on other matters, rather than just losing the damages for the part of the claim they have been found to be dishonest in relation to.
  • The Claimant is likely to be ordered to pay the costs of the other side and their own Solicitor as well as fees to third parties, such as medical experts and the Court, which have had to be paid out during the conduct of the case. Whilst a claimant usually has the benefit of Qualified One-Way Cost shifting (QOCS) so does not pay the costs of the opponent, a finding of fundamental dishonesty overrides this.
  • The matter could be referred to the Crown Prosecution Service (CPS) for consideration of bringing criminal proceedings for fraud and/or contempt of court. This could result in a criminal conviction.

Does a Claimant need to worry about a finding of fundamental dishonesty in personal injury litigation?

If a Claimant is honest with information given to their Solicitor and other parties involved in the case when explaining their symptoms and the effect an injury has on them and only signs a statement of truth in a document they genuinely believe to be true, then issues of fundamental dishonesty should not arise.

Our team specialises in Personal Injury and Clinical Negligence Litigation and have an excellent track record of obtaining compensation for clients. They can be contacted on 0800 011 6666 or via email at legal@timms-law.com

For more information about Personal Injury, please visit our webpage here.