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PI Fraud: when silence can be FD

On appeal, a High Court judge reversed the finding that a claimant was not fundamentally dishonest due to inconsistencies in the longevity of his injuries and the non-disclosure of a subsequent road traffic accident to a medical expert (“the deafening silences”). On this basis, the claimant was found to be fundamentally dishonest pursuant to s.57 Criminal Justice and Courts Act 2015 and was consequently ordered to pay 70% of the defendant insurer’s costs. Matthew Smith, co-founder of the PSQB fraud team, was instructed on behalf of the successful appellant insurer.

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Join the well-being discussion on “Parental leave during the pandemic and preparing to get back to an uncertain workplace”

Join the well-being discussion on “Parental leave during the pandemic and preparing to get back to an uncertain workplace” Yesterday we ran an online seminar  “Parental leave during the pandemic – preparing to get back to an uncertain workplace”. 25 barristers and solicitors attended and psychotherapist, Wendy Showell Nicholas facilitated discussion and was available to […]

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Fundamental Dishonesty and Trials by Remote Hearing 

Due to the Covid pandemic, most civil and personal injury trials have been generally vacated since about 23 March 2020. The parties to litigation have been invited to express whether a forthcoming trial is suitable for a remote hearing (i.e. a trial venue by electronic means, rather than in person in a Court building). The prospect of Fundamental Dishonesty arising during the hearing, whether expressly pleaded or as a […]

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