By Bipin Regmi, Senior Underwriter
Estimate read time 4 minutes 57 seconds
As most claimant solicitors would agree, allegations of fundamental dishonesty (FD) have become an increasingly common litigation tactic used by defendants in personal injury and clinical negligence cases.
Defendants sometimes raise FD allegations to place undue pressure on claimants, often with limited consequences when those allegations fail. As a result, many claimant solicitors have called for changes to the rules to ensure a fairer balance between the parties.
The recent decision in Hakmi v East & North Hertfordshire NHS Trust & Anor [2025] EWHC 2597 (KB) illustrates the costs risks for defendants who pursue unsubstantiated allegations of fundamental dishonesty. In Hakmi, although the claimant ultimately failed because the judge concluded that the treatment would not have changed the outcome, the court nevertheless ordered the successful defendants to pay 15% of the claimant’s costs from the point at which they raised the dishonesty allegation.
This judgment will be welcomed by claimants and their representatives, as it reinforces the need for defendants to act reasonably when advancing such serious allegations.
In practical terms, raising an FD allegation can severely increase the overall costs burden. Such allegations often lead to extended evidential work, additional expert input, and more extensive cross‑examination each of which adds further cost and complexity to the litigation.
From an ATE insurer’s perspective, allegations of FD carry significant risk. Policyholders must understand that a successful FD finding can invalidate their policy, potentially exposing substantial financial consequences.
It is also important to recognise that an unsuccessful FD allegation can significantly increase the recoverable costs, which the ATE insurer may ultimately be required to fund if the underlying claim later fails for unrelated reasons.
When assessing a case in which FD allegations are raised, an ATE insurer should carefully evaluate the strength and consistency of the claimant’s evidence, taking into account the evidence put forward by the defendant. Consideration should also be given to the likely increase in costs, whether the allegation undermines the claimant’s prospects at trial, and whether any inconsistencies such as contradictions in witness evidence, social media content, or expert reports may leave the claim vulnerable to FD challenges.
It is essential that solicitors carry out early and ongoing risk assessments to identify and record any potential FD concerns at the outset, and again at later stages, to enable effective damage control where possible.
This assessment should consider whether
The Hakmi decision reinforces that defendants who advance unreasonable allegations of dishonesty may face costs penalties. In doing so, it is hoped that the tactical use of FD as a pressure tool will be reduced.
For claimant solicitors and ATE insurers alike, Hakmi provides support for adopting a more confident and robust approach when faced with speculative FD allegations.
If you would like to discuss any of the details raised in this article, please call Bipin on 01483 514414 or send an email to Bipin.Regmi@temple-legal.co.uk
By Bipin Regmi
27 Feb, 2026