In the High Court case of Jenkinson v Robertson [2022] EWHC 791 Mr Justice Choudhury overturned a finding of fundamental dishonesty. This case highlights the need to give a Claimant adequate notice of allegations of fundamental dishonesty and provide them with sufficient time to properly respond.
Claimant found Dishonest
The Claimant sustained injuries in a road traffic collision. The first instance judge found that the Claimant was dishonest in that he exaggerated his symptoms of a back injury.
It was ultimately found that the Claimant was not given any real notice apart from a ‘vague and deliberately unparticularised allusion to the possibility of a s.57 application’. This had led to key documents and information failing to be placed before the Court.
Claimant Appeal allowed: Not Dishonest
Mr Justice Choudhury stated that in the interests of fairness the Claimant should have been given adequate warning of and proper opportunity to deal with fundamental dishonesty given the severe consequences.
The appeal for procedural fairness was allowed and the Claimant was not subject to Dishonesty. The claim time is now call Claim Today if you have an accident we shall ensure your claim is presented in a measured and truthful manner.
Boris and the Dishonesty Test
Had the s.57 test for Dishonesty applied to Boris Johnson he would have been found guilty, however it seems only the Ordinary people are subject to Law and the Powerful are above the law.
Politicians like Boris Johnson were able to show such casual disregard for facts, truthfulness and integrity. Yet the courts adopt a very harsh penal and punishing attitude to claimants who might exaggerate their injuries. Whilst any exaggeration is wrong and unjustified how can that be subject to severe sanctions and punishment, but Politicians like Boris get away with bigger lies.
Boris Johnson can just tell us that as prime minister he had forgotten that he was briefed about allegations of sexual misconduct by Conservative MP Chris Pincher and there is no consequence however if a Claimant in a claim does similar, the law is all punishing, selective Justice.
Different Standards for Different members of Society
Clearly the rule of law applies very differently to ordinary people and those part of the establishment who lie. Claim Today work hard to readdress the balance in your favour and with over 22 years of experience will fight to ensure you are treated fairly with your claim.
I hope some of the Judges in our Courts read this article and think long and hard about how far they should go when a Claimant is found to be lying or exaggerating they may not have the position or power of Prime minister but should be given the benefit of the doubt where possible, when such an appalling standard for behaviour has been set by our highest office.
Dishonesty pays for those in Power
Boris Johnson is now set to earn six figure sums from his litany of lies from the £350m Brexit Bus to more recent mistruths, however any personal injury Claimant before the Courts who merely strays with exaggeration will face penal judgment from the Court.
Clearly one rule for the lying powerful and privileged and another for ordinary people.
Please call Claim Today if you wish to discuss in confidence your injury or accident claim 0800 29 800 29 email info@claimtoday.com
