Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Fundamental dishonesty definition

What does Fundamental dishonesty mean? Fundamental dishonesty describes claimant conduct in personal injury litigation that is dishonest in a way going to the root of liability or quantum (eg fabrication or material exaggeration), not a minor untruth. In England & Wales the phrase appears in cpr 44.16 (qualified one‑way costs shifting) and section 57 Criminal Justice and Courts Act 2015. It is undefined; case law (Ivey v Genting; Howlett v Davies; LOCOG v Sinfield) holds that a finding arises where dishonesty substantially affects presentation of the claim and could have influenced outcome. A finding: - disapplies QOCS under CPR 44.16(1), allowing the...

Fundamental dishonesty in personal injury and related claims: Section 57 CJCA 2015 and QOCS (CPR 44.16) case tracker (England and Wales)

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Practice notes

Case tracker on fundamental dishonesty

This tracker reviews case law to date on fundamental dishonesty, chiefly regarding the court’s power to dismiss a claim under section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015), and also the exception to qualified one-way costs shifting (QOCS) under cpr 44.16. The decisions provide guidance on how the courts are construing fundamental dishonesty. Where available, links to judgments and/or commentary are included. This tracker should be read alongside the following Practice Notes:

What is fundamental dishonesty?
Personal injury claims and the Criminal Justice and Courts Act 2015
Qualified one-way costs shifting (QOCS)
Qualified one-way costs shifting (QOCS)—case tracker

No finding of fundamental dishonesty

Case name and details

Hakmi v East & North Hertfordshire NHS Trust [2025] EWHC 2597 (KB), King’s Bench Division, October 2025.

Background

The claim concerned an alleged failure to provide the claimant with thrombolysis to treat a stroke, which the claimant said resulted in serious disability. The defendants denied breach of duty and causation, and additionally alleged fundamental dishonesty. They set out the point in their counter-schedule, put it to the claimant in cross-examination, and pursued it in submissions.

Outcome

As categorised above, there was no finding of fundamental dishonesty...

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Web page updated on 21/05/2026

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