"Ultimately, this case offers an important lesson to defendants: the fundamental dishonesty allegation is a serious and powerful one. If you are going to ‘pull the trigger’, be sure you can satisfy the cogency test by examining the footage and any social media content with the input of balanced expert views."
Writing in the Law Society Gazette, partner Grant Incles discusses the recently introduced fundamental dishonesty defence - using his recent case: Karen Preater v Betsi Cadwaladr University Health Board as a study, and highlighting the importance of making sure defendants who opt for this defence can satisfy the requirement to present cogent evidence of dishonesty.
The full article is available to read in the Law Society Gazette online.
Grant is a partner in the personal injury and clinical negligence team. Grant is a specialist in life-changing and fatal injury cases, with wide experience across road traffic collisions, employers and public liability, criminal injuries and clinical negligence.