Denzil v Mohammed & Anor [2023] EWHC 2077 (KB) (10 August 2023)

Denzil v Mohammed & Anor [2023] EWHC 2077 (KB) (10 August 2023)

Dishonesty regarding a minor, short-lived, and unpleaded head injury, which was not part of the pleaded claim for personal injury, does not constitute 'fundamental dishonesty' under section 57 of the Courts and Legal Services Act 2015, as it neither goes to the root of the claim nor substantially affects its presentation or the defendant's position in a significant way.

Citation
[2023] EWHC 2077 (KB)
Parties
Appellant/claimant: Attique Denzil; First Defendant: Usman Mohammed; Respondent/second Defendant: UK Insurance Ltd
Jurisdiction
England and Wales
Judgment Date
10 August 2023
Procedural Posture
Appeal / Judgment on Appeal From County Court (burnley) to High Court (king's Bench Division, Manchester Civil Appeals Centre)
Outcome
Appeal allowed; finding of fundamental dishonesty set aside.
Legal Topics
Fundamental Dishonesty, Section 57 Courts and Legal Services Act 2015, Personal Injury Quantum, Pleading Requirements, Appeals Process
Civil Procedure Personal Injury Fundamental Dishonesty Section 57 Courts and Legal Services Act 2015 Personal Injury Quantum Pleading Requirements Appeals Process

Case Brief

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Parties

Attique Denzil

Appellant/claimant

Usman Mohammed

First Defendant

UK Insurance Ltd

Respondent/second Defendant

Procedural Posture

Appeal / Judgment on Appeal From County Court (burnley) to High Court (king's Bench Division, Manchester Civil Appeals Centre)

Legal Issues

  1. 1 Whether the claimant's dishonesty regarding a minor, unpleaded head injury constituted 'fundamental dishonesty' under section 57 of the Courts and Legal Services Act 2015, justifying dismissal of the entire claim.

Ratio Decidendi

Dishonesty regarding a minor, short-lived, and unpleaded head injury, which was not part of the pleaded claim for personal injury, does not constitute 'fundamental dishonesty' under section 57 of the Courts and Legal Services Act 2015, as it neither goes to the root of the claim nor substantially affects its presentation or the defendant's position in a significant way.

Court Disposition

Appeal allowed; finding of fundamental dishonesty set aside.

Orders

  • The claim is reinstated and no longer dismissed under section 57.
  • Parties to consider and agree consequential orders reflecting this judgment.