I have not had a client found to be fundamentally dishonest. However, I have had a client discontinue their claim due to their fear that fundamental dishonesty could be found. A key barrier which prevents us from pursuing EL claims are fundamental dishonesty allegations that the client is petrified of. Quotes from APIL’s survey of employer liability lawyers. Aggressive defendant behaviour makes accessing justice even more difficult Injury lawyers participating in APIL’s research highlighted how more aggressive defendant behaviour is a barrier to justice: Aggressive tactics increase costs More vigorous defence of cases means that claims take longer to settle. This pushes up legal costs for victims. As a result, claims affected by FRCs become even more difficult to pursue. False fundamental dishonesty allegations Defendants’ increased use of unmerited fundamental dishonesty allegations has made victims fearful and intimidated them into not taking their claims forward. The inability to recover costs for work which defendants often make necessary, especially with low-value cases, means that fewer claimants are taken on by firms. We no longer run lower value EL claims, where a disproportionate approach by the defendant may make the claim uneconomic even if it is successful. Quotes from APIL’s survey of employer liability lawyers. PAGE 20
RkJQdWJsaXNoZXIy MTY0NDI4MQ==