*Patel v Arriva Midlands Ltd and another company

Practice – Personal injury. As a matter of law, an application, under s 57 of the Criminal Justice and Courts Act 2015, to dismiss a personal injury claim on the ground of fundamental dishonesty, might be determined at any time after the claimant's entitlement to damages had been established. Whether it should be determined before a quantum trial would depend on whether it could be determined justly at that time, which would depend on all the circumstances of that particular case. Accordingly, the Queen's Bench Division, in allowing the defendants' application, ruled that the claimant was presumed to have capacity, that he had been fundamentally dishonest in respect of his personal injury claim, arising out of a road accident, and that his litigation friend had participated in that dishonesty. The entire claim, including the 'honest part', was dismissed.

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