Fundamental Dishonesty

S 57 of the Criminal Justice and Courts Act 2015 provides broadly that where

  • in a claim for damages for personal injury
  • the court finds that the claimant is entitled to damages
  • but the court is satisfied that the claimant has been fundamentally dishonest in relation to the claim
  • then the court must dismiss the claim unless doing so would cause substantial injustice to the claimant.
Reynolds v Chief Constable of Kent [2024] EWHC 2487 (KB)

C was found to have been falsely imprisoned and assaulted by the police. The trial judge however dismissed C’s claim for damages on the ground that C had been fundamentally dishonest by making allegations which he knew to be untrue. As such, the judge directed that C should not receive the damages of £6,000 for false imprisonment and assault which the parties had agreed would otherwise be due.

Sheldon J allowed C’s appeal in part. CJACA 2015, s 57 had no application to a claim for false imprisonment which was a claim for deprivation of liberty not for personal injury. As such, the judge had been wrong to dismiss C’s claim for false imprisonment. However, s 57 did apply to the claim for assault. It followed that C was entitled to damages, but not in the amount of £6,000 as this covered both false imprisonment and assault.

You cannot copy content of this page