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

World Patient Safety Day 2021 - safe maternal and newborn care

Given the ongoing scrutiny of maternity services following publication of the Ockenden preliminary report in December 2020, it is timely that World Patient Safety Day on 17 September 2021 has a focus on safe maternal and newborn care.

View blog

Potential care home vaccination challenge

Time is rapidly running out for those who will fall within the mandatory vaccination requirements applying to care homes from 11 November 2021 and who remain unvaccinated from Covid-19.

View blog

Compulsory vaccinations in care homes

Care homes will need to take steps to assess the impact of these Regulations on their workforce.

View blog

Flexible working, childcare and indirect sex discrimination – important reminder

The courts have long recognised that, on a societal level, women bear a greater burden of childcare responsibilities than men which can make it more difficult for women to comply with employer requirements for flexible working (known as the ‘childcare disparity’).

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up