Jenkinson v Robertson [2022] EWHC 756 (Admin) (31 March 2022)

Jenkinson v Robertson [2022] EWHC 756 (Admin) (31 March 2022)

The claimant was not afforded adequate notice or a proper opportunity to respond to the allegations of fundamental dishonesty, resulting in a serious procedural irregularity. The trial judge's findings of fundamental dishonesty were based on errors and unsustainable grounds, and thus cannot stand.

Citation
[2022] EWHC 756 (Admin)
Parties
Claimant/appellant: Mr Andrew Jenkinson; Defendant/respondent: Mr Gary Robertson
Jurisdiction
England and Wales
Judgment Date
31 March 2022
Procedural Posture
Appeal / Judgment on Appeal Against Finding of Fundamental Dishonesty
Outcome
Appeal allowed; finding of fundamental dishonesty set aside.
Legal Topics
Fundamental Dishonesty, Section 57 Criminal Justice and Courts Act 2015, Procedural Fairness, Burden of Proof
Personal Injury Civil Procedure Fundamental Dishonesty Section 57 Criminal Justice and Courts Act 2015 Procedural Fairness Burden of Proof

Case Brief

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Parties

Mr Andrew Jenkinson

Claimant/appellant

Mr Gary Robertson

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal Against Finding of Fundamental Dishonesty

Legal Issues

  1. 1 Whether the claimant was afforded adequate notice and opportunity to respond to allegations of fundamental dishonesty under s.57 of the Criminal Justice and Courts Act 2015
  2. 2 Whether the trial judge applied the correct burden of proof regarding fundamental dishonesty
  3. 3 Whether the trial judge's findings of fundamental dishonesty were sustainable based on the evidence

Ratio Decidendi

The claimant was not afforded adequate notice or a proper opportunity to respond to the allegations of fundamental dishonesty, resulting in a serious procedural irregularity. The trial judge's findings of fundamental dishonesty were based on errors and unsustainable grounds, and thus cannot stand.

Court Disposition

Appeal allowed; finding of fundamental dishonesty set aside.

Orders

  • The finding of fundamental dishonesty is set aside.
  • The claimant's claim is not dismissed under s.57 of the Criminal Justice and Courts Act 2015.