The Importance of Being Truthful When Bringing a Clinical Negligence Claim – Understanding Fundamental Dishonesty.
We have been independently ranked among the top medical negligence solicitors in England and Wales*. For a free consultation with a member of our specialist team about making a claim, contact our helpline and we will respond immediately.
“Fundamental dishonesty” is an allegation that is increasingly being raised by defendants in clinical negligence cases. While it’s a legal concept that we as lawyers are trained to deal with, claimants themselves must understand what it means, how it can arise, and the serious consequences that may follow if a finding is made.
We know that the overwhelming majority of claimants are genuine and honest. They have experienced some of the worst moments of their life under the care of the medical profession and are, in many cases, continuing to come to terms and deal with the impact of the negligence. These individuals are simply trying to rebuild their lives with the support they need.
However, there are instances where claims are exaggerated or dishonest. The courts treat this very seriously, and claimants need to be aware that a single untruthful element can undermine an entire case, no matter how strong the rest of it may be.
What is Fundamental Dishonesty?
The concept of fundamental dishonesty is well established. Under Section 57 of the Criminal Justice and Courts Act 2015, if the court finds that a claimant has been fundamentally dishonest in any part of their claim, even a small part, it has the power to strike out the entire claim, meaning no compensation is awarded, even for the legitimate parts of the case.
In addition to losing their claim, the claimant may:
- Be ordered to repay any interim payments they have already received.
- Be ordered to pay some or all of the defendant’s legal costs.
- Lose the protection of any After the Event (‘ATE’) insurance, leaving them personally liable for tens or hundreds of thousands of pounds.
- Face a potential criminal charge for Contempt of Court, which can result in imprisonment.
Real-Life Examples of Fundamental Dishonesty in a clinical negligence claim
In this case, the claimant alleged that hospital negligence had left her unable to walk unaided and sought around £3 million in damages. However, surveillance footage and social media posts painted a different picture: she was seen walking unaided, dancing, and participating in body-painting events.
After discontinuing her claim in late 2022 following sight of the surveillance footage, the Trust pursued a finding of fundamental dishonesty. On 25 July 2025, Deputy High Court Judge Mr Jonathan Glasson KC found the claimant guilty of contempt of court. The Court concluded the custody threshold had been met, and the claimant now awaits sentencing.
In this case, Mr Murphy claimed that negligent care following a bicep injury had limited his ability to work and engage in sport. He told medical experts that he had not played rugby since the injury. However, social media posts contradicted his account, showing he had played in at least five rugby matches in 2019.
In July 2023, Mr Justice Mould found Mr Murphy in contempt of court for exaggerating his injuries. The Court struck out his entire claim, ordered him to repay an interim payment, and in July 2024 sentenced him to eight months in prison. He was also ordered to pay legal costs of £50,354.02.
These cases highlight that dishonesty can carry devastating financial and legal consequences.
How our clinical negligence solicitors can help you
If you have any questions about fundamental dishonesty, or any concerns about a claim you have made, please speak to our clinical negligence team. We are here to support and guide you.
As a Claimant, remember your honesty is not only the foundation of your case, it is your protection.
