Uploaded February 2021 | Updated September 2026, 2 weeks ago
BOOK REVIEW
FUNDAMENTAL DISHONESTY AND QOCS IN PERSONAL INJURY PROCEEDINGS:
LAW AND PRACTICE
By Jake Rowley
ISBN 978 1 91371 560 1
LAW BRIEF PUBLISHING
lawbriefpublishing.com
A GREAT AIDE MEMOIRE WHEN CONFRONTED WITH FUNDAMENTAL DISHONESTY DEFENCES
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
Jake Rowley’s new version of the Law Brief Publishing guide on the law and practice of “Fundamental Dishonesty and QOCS in Personal Injury Proceedings” has been completely updated and an absolute necessity if you are confronted with an allegation of “fundamental dishonesty” from the defence.
The difficulty in the 2020s facing practitioners is that dishonest claims and dishonest claimants, or those alleged to have behaved in such a manner, “are by no means a novel phenomenon in personal injury claims, nor is the insurance industry's desire to identify and expose such claims and such individuals”.
Rowley reviews the legal framework surrounding allegations of dishonesty, the frequency with which they are made, and briefly considers “the reasoning and impetus behind making them”. This new edition has necessarily “taken on a different complexion following the introduction of the concept of 'fundamental dishonesty' into personal injury litigation” which we found very helpful when faced with this type of action when preparing a case.
As the author says, “it is no exaggeration to say that for every practitioner involved in personal injury claims, a comprehensive understanding of the notion of 'fundamental dishonesty', both as it relates to Qualified One Way Costs Shifting ("QOCS") and insofar as it relates to section 57 of the Criminal Justice and Courts Act 2015 (CJCA), is absolutely essential in the 2020s.
“It is simply not possible to carry on practice in this area of the law without an intimate working knowledge of these principles and how they apply in real terms”, write Rowley. The problem remains that since 'fundamental dishonesty' first arrived on the scene on 1st April 2013 as an exception to the QOCS regime, the concept has continued to develop and expand in its reach and application. And of increasing importance, the term has been adopted within section 57 of the CJCA. This statute is a significant piece of legislation representing, as it does, a fundamental change to the law as it stood following Summers v Fairclough Homes (UKSC).
Written with both Claimant and Defendant practitioners in mind, this book seeks to consider what it means to be 'fundamentally dishonest'. Rowley’s purpose is to identify the relevant Civil Procedure Rules in play; to look at the costs consequences of a finding of 'fundamental dishonesty'; to trace the origins of s. 57 and consider the wording and effect of the statutory provision; to discuss the principles expounded in the most relevant cases; to analyse the procedures and processes to be adopted when making or defending allegations of 'fundamental dishonesty', including how and when an application for a finding can and should be made; and to provide helpful insight and commentary from a practical perspective.
The date of publication of this new revised paperback edition is cited as 30th November 2020.
Do visit the publisher's website for their latest titles.
BOOK REVIEW
FUNDAMENTAL DISHONESTY AND QOCS IN PERSONAL INJURY PROCEEDINGS:
LAW AND PRACTICE
By Jake Rowley
ISBN 978 1 91371 560 1
LAW BRIEF PUBLISHING
lawbriefpublishing.com
A GREAT AIDE MEMOIRE WHEN CONFRONTED WITH FUNDAMENTAL DISHONESTY DEFENCES
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
Jake Rowley’s new version of the Law Brief Publishing guide on the law and practice of “Fundamental Dishonesty and QOCS in Personal Injury Proceedings” has been completely updated and an absolute necessity if you are confronted with an allegation of “fundamental dishonesty” from the defence.
The difficulty in the 2020s facing practitioners is that dishonest claims and dishonest claimants, or those alleged to have behaved in such a manner, “are by no means a novel phenomenon in personal injury claims, nor is the insurance industry's desire to identify and expose such claims and such individuals”.
Rowley reviews the legal framework surrounding allegations of dishonesty, the frequency with which they are made, and briefly considers “the reasoning and impetus behind making them”. This new edition has necessarily “taken on a different complexion following the introduction of the concept of 'fundamental dishonesty' into personal injury litigation” which we found very helpful when faced with this type of action when preparing a case.
As the author says, “it is no exaggeration to say that for every practitioner involved in personal injury claims, a comprehensive understanding of the notion of 'fundamental dishonesty', both as it relates to Qualified One Way Costs Shifting ("QOCS") and insofar as it relates to section 57 of the Criminal Justice and Courts Act 2015 (CJCA), is absolutely essential in the 2020s.
“It is simply not possible to carry on practice in this area of the law without an intimate working knowledge of these principles and how they apply in real terms”, write Rowley. The problem remains that since 'fundamental dishonesty' first arrived on the scene on 1st April 2013 as an exception to the QOCS regime, the concept has continued to develop and expand in its reach and application. And of increasing importance, the term has been adopted within section 57 of the CJCA. This statute is a significant piece of legislation representing, as it does, a fundamental change to the law as it stood following Summers v Fairclough Homes (UKSC).
Written with both Claimant and Defendant practitioners in mind, this book seeks to consider what it means to be 'fundamentally dishonest'. Rowley’s purpose is to identify the relevant Civil Procedure Rules in play; to look at the costs consequences of a finding of 'fundamental dishonesty'; to trace the origins of s. 57 and consider the wording and effect of the statutory provision; to discuss the principles expounded in the most relevant cases; to analyse the procedures and processes to be adopted when making or defending allegations of 'fundamental dishonesty', including how and when an application for a finding can and should be made; and to provide helpful insight and commentary from a practical perspective.
The date of publication of this new revised paperback edition is cited as 30th November 2020.
Do visit the publisher's website for their latest titles.
