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United Kingdom fundamental dishonestysection 57 CJCA 2015claims fraud

AXA Insurance Plc v David Maher

AXA Insurance Plc v Maher [2026] EWHC 1365 (KB)
JurisdictionUnited Kingdom
CourtHigh Court of Justice (King's Bench Division), on appeal from the County Court
Year2026
StatusPersuasive authority

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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