Jurisdiction(s):
United Kingdom

Fundamental dishonesty under CJCA 2015 s 57: Senay v Mulsanne limits dismissal to personal injury damages; heads of loss may survive, implications for Part 36 offers in England and Wales

Published on: 13 January 2025

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

Senay and another v Mulsanne Insurance Company Ltd [2024] Lexis Citation 1051 What are the practical implications of this case?

Where personal injury claims appear to be touched by dishonesty, defendants should forensically review which individual heads of loss might outlive a determination of fundamental dishonesty and thus still attract an award of damages and, crucially, costs. Losses that flow straight from the injury itself—such as loss of earnings, fees for paid assistance, and comparable items—will almost invariably fail once fundamental dishonesty is found. By contrast, claims connected to property damage, repair costs, credit hire, and analogous losses may remain recoverable. Sensible defendants should therefore think about making pinpoint Part 36 offers against discrete heads, narrowing the issues for trial to those elements that would be extinguished by a fundamental dishonesty finding. Even though Senay is a County. Targeted offers help confine disputes to injury-linked losses likely nullified by fundamental dishonesty. This sharpened focus addresses costs directly...

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