Civil Liability and Courts Act 2004
|
Fraudulent actions. |
26.—(1) If, after the commencement of this section, a plaintiff in a personal injuries action gives or adduces, or dishonestly causes to be given or adduced, evidence that— |
|
|
(a) is false or misleading, in any material respect, and |
||
|
(b) he or she knows to be false or misleading, |
||
|
the court shall dismiss the plaintiff's action unless, for reasons that the court shall state in its decision, the dismissal of the action would result in injustice being done. |
||
|
(2) The court in a personal injuries action shall, if satisfied that a person has sworn an affidavit under section 14 that— |
||
|
(a) is false or misleading in any material respect, and |
||
|
(b) that he or she knew to be false or misleading when swearing the affidavit, |
||
|
dismiss the plaintiff's action unless, for reasons that the court shall state in its decision, the dismissal of the action would result in injustice being done. |
||
|
(3) For the purposes of this section, an act is done dishonestly by a person if he or she does the act with the intention of misleading the court. |
||
|
(4) This section applies to personal injuries actions— |
||
|
(a) brought on or after the commencement of this section, and |
||
|
(b) pending on the date of such commencement. |

View PDF
View Full Act
Legislation Directory Entry