What is Fundamental Dishonesty in Personal Injury Claims?

Fundamental Dishonesty is ruled by Section 57 of the Criminal Justice and Courts Act 2015 and is aimed at deterring fraudulent or exaggerated injuries in personal injury claims.

If a Defendant believes you have been dishonest in any part of your claim, they can apply to the Court for a finding of fundamental dishonesty. If the Court is in agreement that there is dishonesty, this can lead to the whole claim being dismissed. For a Court to make a finding of fundamental dishonesty, it need only apply to one aspect of the claim for the whole claim to be dismissed. The most common example of this is, if there is a finding that there has been dishonesty about a claim for loss of earnings, this will cause the whole claim being dismissed.

Another common example of this is exaggerating your symptoms or injury to recover more compensation. 

In addition to the claim being dismissed, a finding of fundamental dishonesty can have severe personal consequences. You would be responsible for the Defendant’s costs alongside your own costs which can amount to several thousand pounds and in more serious cases, it can lead to criminal conviction.

There may be several occasions in a personal injury claim where your legal representative will ask you to sign a statement of truth. The purpose of this statement is to confirm that you believe the contents of the document to be true. Should this statement be found to be untrue, regardless of what stage your claim is at, you could be found to be in contempt of Court and face severe consequences.

As such, it is extremely important that the details we present as part of a claim are accurate, honest and true. 

Here at Jordans, we will guide you through the process of your claim to ensure that cases are presented in the best possible light and your claim receives the best outcome. 

We will guide you through the entire process and remind you of your responsibilities to provide clear, direct and honest instructions, enabling us to successfully settle your claim for personal injuries.