Jurisdiction(s):
United Kingdom

No free tilt: defendants pay part of unsuccessful claimant’s costs for maintaining unproven fundamental dishonesty allegation (Hakmi v East & North Hertfordshire NHS Trust [2025] EWHC 2597)

Published on: 02 December 2025

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

Costs of unsuccessful claimant ordered against defendants for failed allegation of fundamental dishonesty (Hakmi v East & North Hertfordshire NHS Trust & another) Hakmi v East & North Hertfordshire NHS Trust & another [2025] EWHC 2597 (KB)

What are the practical implications of this case?

Defendants and those acting for them should pause before pleading and persisting with a charge of fundamental dishonesty. This ruling underlines that the appropriate costs order turns not solely on the result of the litigation, but equally on the route taken to get there. Bolting on a weak allegation of fundamental dishonesty is to be shunned; otherwise defendants may find themselves liable for uplifted costs where the claimant prevails, and, exposed to adverse costs even where the claimant does not succeed.

What was the background?

The proceedings stem from an alleged omission to administer thrombolysis for a stroke, which the claimant said led to significant disability. The defendants disputed breach of duty and causation, and additionally pleaded fundamental dishonesty. Through their counter-schedule, in cross-examination, and by way of submissions, the defendants contended that the claimant failed to apply proper effort during neuro‑psychological assessments so as to generate results in the neuro‑psychological testing that was undertaken...

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