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First High Court decision addressing issues concerning “fundamental dishonesty” within the scope of section 57 Criminal Justice & Courts Act 2015.
The Claimant’s dishonesty related to his claim for commercial gardening assistance. He had claimed that he only employed a gardener as a consequence of the accident, whereas in fact he had done so for many years. In addition, his Disclosure List included invoices from the gardener, but in fact these were documents created by the Claimant himself.
The trial judge had found dishonesty but held that it was not “fundamental dishonesty”. That decision was overturned on appeal. As a result of the finding of fundamental dishonesty the claim, valued at some £26,000, was struck out and the Claimant ordered to pay the Defendant’s costs of the action and appeal on the indemnity basis.