The judgment of HHJ Sephton QC (sitting as a judge of the High Court) in the case of Iddon provides a helpful exposition of the law and practice relating to fundamental dishonesty under s.57 of the Criminal Justice and Courts Act 2015, including how the Court should determine whether a claimant will suffer substantial injustice […]
The case of Calderdale emphasises the serious consequences of exaggerated and fundamentally dishonest claims brought against the NHS. Facts The Claimant (Ms. Metcalf) pursued a legitimate claim for clinical negligence deriving from delay in diagnosing Cauda Equina syndrome in 2012. The Defendant (Huddersfield Trust) admitted liability for a delay of one day in the Claimant’s […]
The case of Brint, which largely turns on the evidence, demonstrates that Claimants who are “wholly unreliable” are not necessarily fundamentally dishonest. Introduction The Claimant’s claim arises following an extravasation injury following a CT scan with contrast carried out at the Defendant’s King George Hospital. The claim is for negligent treatment, alleging that proceeding without the […]
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