Fundamental dishonesty and substantial injustice: elephant tests?

Mandatory dismissal of the entirety of a personal injury claim in which the successful claimant has been found to be “fundamentally dishonest” was introduced by section 57 of the Criminal Justice and Courts Act 2015. That provision also provided that the blunt effect of the dismissal could be avoided if it would cause “substantial injustice”, a qualification that was examined in a recent employers’ liability claim.

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