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The truth hurts

spencer-kinley

David Spencer & Alistair Kinley assess the government’s attempt to legislate for the fundamentally dishonest

One particular clause of the Criminal Justice and Courts Bill has been exercising the minds and mouths of a number of personal injury practitioners, following a government amendment introduced by Justice Secretary Chris Grayling in June 2014.

The provision requires that, following the defendant’s application, the court shall (ie must) dismiss all of the claimant’s claim for damages for personal injuries if it is satisfied on the balance of probabilities that the claimant has been “fundamentally dishonest”, unless in doing so the claimant would suffer “substantial injustice”.

Background to the courts’ new duty

Fraud has gained particular prominence since the 2012 Supreme Court case of Fairclough Homes v Summers [2012] UKSC 26, [2012] 4 All ER 317, in which Lord Clarke confirmed the courts’ power to strike out fraudulent claims in their entirety, at any stage, as an abuse of the court’s process. That judgment reversed the Court of Appeal’s earlier decision

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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