Fundamental dishonesty application – in brain injury cases

Presented by Matthew White at the Brain Injury Rehabilitation Conference; The aim of this session is modest in scope. It is expected that everyone litigating personal injury claims is well aware of the importance of fundamental dishonesty, and everyone probably has a handle on the approach of the courts to some extent1. That said, it is a relatively new concept. The objective here is to:- (i) go through the more recent cases which might have escaped attention (2016 only, to draw a somewhat arbitrary line given the limits of time); and (ii) provoke some thought about how fundamental dishonesty issues might arise in brain injury litigation in particular.