Case Alert - [2018] EWHC 51 (QB)
The defendant appealed against a finding that the claimant was
entitled to damages for personal injuries, on the basis that the
claimant had been dishonest. In Fairclough Homes v Summer,
the Supreme Court held that, although the court had jurisdiction to
strike out a statement of case under CPR 3.4(2) for abuse of
process, it should do so only "in very exceptional
circumstances". After that decision, Parliament brought in
section 57 of the Criminal Justice and Courts Act 2015, which
provides that a claim for personal injury damages must be dismissed
if it is found that the claimant is entitled to damages but the
court is satisfied, on the balance of probabilities, that "the
claimant has been fundamentally dishonest". However, the claim
will not be dismissed if the claimant would suffer
"substantial injustice".
