What is sufficient notice of allegations of fundamental dishonesty? (Jenkinson v Robertson)
"The High Court (Mr Justice Choudhury) allowed the claimant’s appeal against a finding that his claim was fundamentally dishonest. Most importantly, the defendant had not given the claimant (who represented himself at trial) adequate notice of the allegations that the claimant’s claim in respect of a back injury had been exaggerated to the extent that it was dishonest. The particular matters which the trial judge had relied upon in order to base their findings of dishonesty were all incorrect, in part because the defendant had failed to ensure that all documents relevant to those matters were before the court."
Sam Way is regularly instructed to advise and represent both claimants and defendants on fast and multi-track claims, and on appeal. Sam has extensive experience in drafting pleadings and schedules of loss in high value claims, and of resisting allegations of fundamental dishonesty brought against claimants. His work spans road traffic accidents, employers’ liability, occupiers’ liability, highways act clams, travel claims and fatal accidents.
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