0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Fundamental dishonesty – surveillance instrumental in securing dismissal under s.57 CJCA

3 July 2017
In Peter Stanton v Henry Hunter, Recorder Hatfield QC found that the claimant, who had knowingly provided false instructions to medical experts and had been shown in surveillance evidence to have returned to work with no limitation of movement in his left shoulder as alleged, had been fundamentally dishonest.

Even though the defendant had admitted primary liability, the claimant’s deliberate exaggerations and falsehoods were sufficient to trigger the court’s duty to dismiss the case in its entirety under s.57 Criminal Justice and Courts Act 2015. The claimant lost his entitlement to damages in respect of both the honest part and dishonest parts of his claim and also Qualified One-Way Costs Shifting (QOCS) protection.

This decision should give heart to defendants when faced with dishonest claimants: defendants do not need to ‘roll over and accept defeat’ when concerns about a claimant’s veracity are supported by evidence. Even in cases where liability has been admitted, use of the right counter-fraud strategies can secure a good outcome.

Related opinions

Insolvency applicants: getting the basics right

A number of interesting developments have emerged from what was quite a run-of-the-mill insolvency application brought by a litigation funder assignee.

View blog

School not liable for reckless actions of a student

The decision reinforces that the standard of the duty of care owed by schools is one or reasonableness.

View blog


The new Part A1 moratorium was introduced partly in response to the Covid-19 pandemic and its impact on businesses. The moratorium is not intended to be used to simply delay the inevitable insolvency of a company, but rather to allow breathing space for that company to restructure and/or achieve an effective rescue.

View blog

Covid-19 insolvency measures extension

From 26 March 2021 the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2021 will come into force with the effect of extending several of the temporary measures brought in by the Corporate Insolvency and Governance Act 2020 (CIGA).

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up