Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Personal injury definition

What does Personal injury mean? Personal injury describes harm to a person’s body or mind, as opposed to damage to property or pure economic loss. In practice it underpins civil claims in tort/delict, including negligence, occupiers’ liability, employers’ liability, product liability, road traffic accidents and clinical negligence. Across England & Wales, Scotland, Northern Ireland and Ireland, legislation (notably limitation statutes and, in Ireland, Personal Injuries Assessment Board legislation) commonly defines personal injuries to include disease and any impairment of a person’s physical or mental condition. Recognised heads therefore cover physical injury, industrial disease and psychiatric injury. Fatal injury claims are related but procedurally distinct. Key legal features...

Fraud in personal injury litigation: pleadings, professional duties, strike out, fundamental dishonesty (s57 CJCA 2015), contempt, exemplary damages, costs and QOCS consequences (England and Wales)

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Fraud in personal injury claims can cover a spectrum of conduct, from overstating particular heads of damage to wholly inventing an accident and the ensuing injuries and losses. The available remedies where dishonesty is in play have been radically altered by section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015). This provision can permit defendants to have otherwise meritorious claims struck out, to remove the shield of qualified one-way costs shifting (QOCS), and to invalidate a claimant’s legal expenses cover. See Practice Notes: Personal injury claims and the Criminal Justice and Courts Act 2015 and Qualified one-way costs shifting (QOCS).

Duties and responsibilities of parties and legal advisers pleadings—CPR

By virtue of CPR 16.5(2), if a defendant disputes an allegation in the particulars of claim, they must give their reasons; and where they propose a different account from the claimant’s, they must set out their own version of events.

there is no strict obligation to plead fraud within the defence, but
if a defendant wishes to allege fraud, it cannot be advanced, unless...

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Andrew Wilson

Andrew has more than 25 years’ experience of working in the fields of personal injury and occupational disease litigation, acting for both claimants and defendants. He trained at L Bingham & Co, gaining early experience in a number of important high profile claims involving the MIB. During the 1990s Andrew worked at Hextalls and then Kennedys, predominantly for defendants across a range of motor, employers’ liability and public liability matters many of which involved serious injuries or death. More recently, he has dealt with cases for claimants who have suffered serious injuries or occupational disease. He was a partner in a large specialist practice. He has provided seminars to solicitors and other legal professionals both for an external conference company and in house on the workings of the Civil Procedure Rules in the context of personal injury claims, amongst other...

Web page updated on 21/05/2026

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