Rebecca Huyton and Katie Nichols evaluate the effect of a new precedent on road traffic litigation

“A claim that is unreasonable is not necessarily dishonest; it may simply be misconceived. A claim that is exaggerated may be so because of the inclusion of losses that are wrongly believed to arise out of the accident in question. If a defendant wishes to establish that an exaggerated or unreasonable claim is fundamentally dishonest, then the basis on which that dishonesty arises or is alleged to arise ought to be made clear.” – Mr Justice Choudhury

This article is written from the perspective of presuming the reader already understands the well-established and extensive commentary on the legal doctrines of s57 of the Criminal Justice and Courts Act 2015 and CPR 44.16 fundamental dishonesty.

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Rebecca Huyton
Associate
Plexus Law

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