PROVING THINGS 285: THE DEFENDANT ESTABLISHES THAT THE CLAIMANT WAS FUNDAMENTALLY DISHONEST: “IT IS NOT CONSISTENT WITH QOCS TO EXTEND IT TO CLAIMANTS WHO KNOWINGLY TELL UNTRUTHS ABOUT SOMETHING FUNDAMENTAL TO THEIR CLAIM…”

This is a judgment on fundamental dishonesty where the judge considers, in some detail, the burden of proof and what a defendant needs to establish.  There are important observations about the burden of proof and consideration of the term "dishonesty" in the particular context of personal injury lit...