8 Point Test on determining “substantial injustice” in Fundamental Dishonesty findings
Henry Vanderpump provides a bite-size update on the High Court case of Williams-Henry -v- Associated British Ports Holdings Ltd, handed down on 10th April 2024, which deals with the issue of fundamental dishonesty in serious Personal Injury claims.
In this case, Ritchie J identified an 8 point test for practitioners to apply in determining whether there would be a “substantial injustice” in dismissing the whole case following a finding of fundamental dishonesty. In this short video, Henry identifies the relevant parts of the test and gives some brief considerations as to situations in which the facts of a case could engage the test and result in the case progressing despite the finding of fundamental dishonesty.
