Litigation tactics: Win, lose or pay either way

9 Gough Square (Chambers of Andrew Ritchie QC) | Personal Injury Law Journal | September 2018 #168
Johnathan Payne discusses how the way you pursue or defend a claim can impact on costs ‘This state of affairs has generated far more litigation in areas such as discontinuance, fundamental dishonesty and strike out.’ In 1931 Aldous Huxley wrote Brave New World. The book was set in a futuristic world state of genetically-modified citizens …

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Fundamental dishonesty: More than a little white lie

Osbornes | Personal Injury Law Journal | June 2018 #166
Andrew Middlehurst discusses how s57 of the Criminal Justice and Courts Act 2015 is being interpreted ‘These cases all show that there is a clear approach to addressing the question of fundamental dishonesty and that a claimant cannot simply rely on the fact they will “miss out” on compensation to show they will suffer substantial …

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Case report: London Organising Committee of the Olympic and Paralympic Games (in liquidation) v Sinfield [2018] EWHC 51 (QB)

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | March 2018 #163
Fundamental dishonesty; special damages for expenses ‘The dishonesty was motivated not by a wish to create a false claim but “to conceal and get away with the muddled and careless presentation of his case in the past“.‘ This is a fundamental dishonesty case. The factual analysis on appeal provides a useful illustration of how to …

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