Any PI or clinical negligence claim issued after 12 April 2015 will be subject to section 58 of the Criminal Justice and Courts Act 2015 which introduces a potentially far-ranging concept of “fundamental dishonesty” as a (near mandatory) reason for dismissing an otherwise valid claim.
Part of the section is set out below but of note is the fact that “fundamental dishonesty” is not defined. Judges already have the power to strike out such claims (and use it): Summers v Fairclough Homes  UKSC 26. Defendants will be seeking to extend the range using the new act (asserting that the new Act must go further than the current common law position) and Claimants will be arguing for a narrow interpretation.
Practitioners may want to review their retainer and CFA wordings. One solace for dishonest claimants is that whilst they will not receive the quantum of their valid claim, it will be deducted from the costs owed to the Defendant.
Section 58 reads in part:
Napier Miles / 1st May 2015
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