ANDREW JENKINSON v GARY ROBERTSON

ANDREW JENKINSON v GARY ROBERTSON

The claimant was not afforded adequate notice or a fair opportunity to respond to the allegations of fundamental dishonesty, and the findings of dishonesty were based on errors and procedural irregularity. The judge's conclusion of fundamental dishonesty was plainly wrong and cannot stand.

Parties
Claimant / Appellant: Mr Andrew Jenkinson; Defendant / Respondent: Mr Gary Robertson
Jurisdiction
England and Wales
Judgment Date
31 March 2022
Procedural Posture
Personal Injury Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Fundamental Dishonesty, Section 57 Criminal Justice and Courts Act 2015, Procedural Fairness, Burden of Proof, Notice of Allegations
Civil Procedure Personal Injury Fundamental Dishonesty Section 57 Criminal Justice and Courts Act 2015 Procedural Fairness Burden of Proof Notice of Allegations

Case Brief

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Parties

Mr Andrew Jenkinson

Claimant / Appellant

Mr Gary Robertson

Defendant / Respondent

Procedural Posture

Personal Injury Appeal / Appeal Judgment

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 findings of fundamental dishonesty were justified on the evidence

Ratio Decidendi

The claimant was not afforded adequate notice or a fair opportunity to respond to the allegations of fundamental dishonesty, and the findings of dishonesty were based on errors and procedural irregularity. The judge's conclusion of fundamental dishonesty was plainly wrong and cannot stand.

Court Disposition

Appeal allowed

Orders

  • The finding of fundamental dishonesty is set aside.
  • Consequential orders made below are set aside.