THE CURRENT IMPORTANCE OF PLEADINGS 41: HAD THE DEFENDANT PROPERLY PARTICULARISED ALLEGATIONS OF FUNDAMENTAL DISHONESTY?

December 4, 2025 · by gexall · in Appeals, Civil evidence, Civil Procedure, Fundamental Dishonesty, Members Content, Personal Injury, Statements of Case

A party alleging fraud or dishonesty cannot "ambush" their opponent at trial. Fraud must be fully particularised and pleaded. Do identical principles apply to allegations of fundamental dishonesty? In this case the judge considered an argument that points in relation to fundamental dishonesty ha...

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