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fundamental dishonestysection 57 CJCA 2015claims fraud
AXA Insurance Plc v David Maher
AXA Insurance Plc v Maher [2026] EWHC 1365 (KB)
Key Principle
For a finding of fundamental dishonesty under section 57 of the Criminal Justice and Courts Act 2015, the claimant must be shown to have been dishonest; where the trial judge finds that the claimant genuinely (subjectively) believed in the symptoms or facts asserted, the dishonesty element of section 57 is not engaged, regardless of whether the belief was objectively well-founded.
Area of Law
General
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