Unfortunately, Defendants and their representatives frequently raise allegations of ‘fundamental dishonesty’ even when it is not appropriate to do so.  It seems to be being used as a bullying tactic in cases to persuade Claimants not to proceed with legitimate claims.  They often raise it in response to any inconsistencies in a claim in the hope of the Claimant being persuaded not to pursue the matter further.

We recently represented an unsuspecting Claimant where that is exactly what had happened.  He had brought a claim for injuries when he was involved in a road traffic accident.  Unfortunately, his motor insurers appointed solicitors to deal with his claim and he had no reason to believe that he was not in good hands.  However, those solicitors presented his claim with a catalogue of inconsistencies and errors without his knowledge, such that the Defendant raised allegations of fundamental dishonesty.  To make matters worse, the solicitors appointed by the insurance company then persuaded the Claimant to discontinue the claim.  They had him believe at that point that that would be the end of the matter.  The Defendant’s solicitors however were not prepared to let it go and made an application to the Court for a finding of fundamental dishonesty against the Claimant.  By this time the Claimant was of course unrepresented, had no idea what to do to defend himself and had difficulty in getting a firm of solicitors to deal with it for him.  He faced a substantial bill from the Defendant’s solicitors and could even have been committed to prison if the Court found against him.  Needless to say, this caused a significant amount of stress to the Claimant and his wife.

Fundamental Dishonesty

We at Tilly Bailey & Irvine agreed to defend the application on his behalf.  We were able to demonstrate that the errors made were on the part of the Claimant’s former solicitors, and not in fact inconsistencies in the Claimant’s version of events, and certainly not dishonesty on his part.  Despite such evidence being provided to the Defendant’s solicitors, they went ahead with the application.  Fortunately, the Judge at the hearing found in the Claimant’s favour and dismissed the Defendant’s application, effectively clearing the Claimant of any wrongdoing, which was obviously a huge relief to him.

Whilst we obviously do not condone anybody exaggerating or misrepresenting their claim in any way, it seems that the Defendant representatives are using any inconsistencies and errors to try to raise this Defence.  If a Claimant has proper professional representation and advice from the outset, they are much less likely to face such problems.

How can we help?

How can we help?

Be assured that we are dedicated to achieving the best possible outcome.  We have a proven track record in Teesside, the North East and across the UK for achieving the highest possible personal injury compensation pay-outs for our clients, as well as supporting clients who have been accused of fundamental dishonesty. 

If you would like to speak to our team, contact us today on 01429 264101 or fill in an online enquiry form and someone will be in touch. 

Call: 01429 264101