Although it goes with saying that a client should always be honest when providing instructions to their solicitor, the High Court has recently considered the definition of “fundamental dishonesty” in personal injury claims. Legislation enabling a Judge to throw out claims in their entirety if a claimant is found to have been fundamentally dishonest has been in place for several years now. In the recent case of Wright v Satellite Information Services Ltd the High Court had to consider whether a claimant who had claimed over £70,000 for his future care requirements, in respect of which the court had only allowed him £2,100 in the light of video footage the Defendant produced, had been fundamentally dishonest. The claimant had signed a statement outlining his care requirements but subsequently admitted in Court that he did not have any ongoing care needs. The High Court decided that, despite the video footage indicating the claimant was less disabled than his claim suggested, he had not been untruthful on the basis that his care claim was based upon an expert’s report and that he had been “broadly consistent” in what he had said about his need for ongoing care.
Although the claimant was no doubt greatly relieved by the High Court’s decision, this case is a timely reminder of the need to ensure that all information given by a client to a solicitor is honest, accurate and within the client’s own knowledge and belief.