Recent years have seen the Courts being better equipped to deal with the question of how to deal with claimants who falsify or exaggerate claims. As a body of case law begins to develop, this issue of the PI Briefing traces its development, considers how it might assist those advising litigants in such claims and raises questions about possible future developments.
In this issue: Susanna Bennett considers the Supreme Court’s decision in Ivey v Genting and reviews recent authorities in which questions of fundamental dishonesty have been considered. Dominique Smith discusses the appropriateness of contempt proceedings in the light of findings of fundamental dishonesty. Ben Hicks asks whether it can ever be appropriate for the Court to have regard to the motives behind the evidence given by less than truthful claimants.
In this week’s edition Linda Nelson examines how and when to serve surveillance evidence, and how and when to respond to it; and John Schmitt asks whether it’s necessary to have a claim form re-sealed if it’s been amended prior to service, and urges caution…
This week Thomas Yarrow revisits the vexed question of the use of artificial intelligence in legal research – and our intrepid reporter finds that it’s not all it’s cracked up to be. In fact the experience led him to such depths of despair that he…
This week Ben Rodgers relays two tales from the coalface, both relating to applications to resile from admissions. Readers will be interested to know that in both cases the court applied the balance of prejudice test with the result that the defendants’ applications were refused….
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