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. |