Fundamental Dishonesty in Claims: Lessons from the English Courts

Fundamental Dishonesty in Claims: Lessons from the English Courts

There has been a noticeable increase in claims that are perceived to be exaggerated or potentially dishonest. While such cases have not yet been tested before the Royal Court, recent English High Court decisions provide valuable insight into how courts are approaching allegations of fundamental dishonesty.

This session will examine a selection of 2025 English cases to explore how the courts are distinguishing between dishonest embellishment and dishonesty that goes to the heart of a claim. It will consider the evidential thresholds required, the use of surveillance and “without prejudice” material, and the cost consequences where allegations of dishonesty are either established or fail.

The courts are clearly seeking to strike a careful balance: firmly discouraging fraudulent or exaggerated claims while safeguarding genuine claimants from unfair or speculative accusations. This talk will translate recent case law into practical guidance for insurance and claims professionals.

Learning objectives include:

• Understanding the current judicial approach to fundamental dishonesty
• Identifying early indicators of exaggerated or dishonest claims
• Appreciating the evidential and costs risks associated with alleging dishonesty
• Applying recent case law to day‑to‑day claims handling and strategy

This session will be of interest to brokers, claims handlers, underwriters, loss adjusters and legal professionals, and qualifies for structured CPD.