{"title":"Jake Rowley","description":null,"products":[{"product_id":"low-velocity-impacts-in-road-traffic-accidents-book-jake-rowley-9781914608117","title":"Low Velocity Impacts in Road Traffic Accidents","description":null,"brand":"WoB","offers":[{"title":"GB \/ VERY_GOOD \/ INTERNAL","offer_id":49597153804561,"sku":"GOR013573490","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"US \/ NEW \/ INGRAM","offer_id":51291008762129,"sku":"NIN9781914608117","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52687719170321,"sku":"NLS9781914608117","price":0.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/1914608119.jpg?v=1750727129"},{"product_id":"fundamental-dishonesty-and-qocs-in-personal-injury-proceedings-law-and-practice-book-jake-rowley-9781913715601","title":"Fundamental Dishonesty and QOCS in Personal Injury Proceedings: Law and Practice","description":"\u003cp\u003eDishonest claims and dishonest claimants (or at least \u003cem\u003eallegedly\u003c\/em\u003e dishonest claims and claimants) are by no means a novel phenomenon in personal injury claims; nor is the insurance industry's desire to identify and expose such claims and such individuals. However, the legal framework surrounding allegations of dishonesty, the frequency with which they are made, and (at least in part) the reasoning and impetus behind making them, has taken on a different complexion following the introduction of the concept of 'fundamental dishonesty' into personal injury litigation.\u003c\/p\u003e\u003cp\u003e\u003cbr\u003e\u003c\/p\u003e\u003cp\u003eIt is no exaggeration to say that for every practitioner involved in personal injury claims, a comprehensive understanding of the notion of 'fundamental dishonesty', both as it relates to Qualified One Way Costs Shifting (QOCS) and as it relates to s. 57 of the Criminal Justice and Courts Act 2015, is absolutely essential. It is simply not possible to carry on practice in this area of the law without an intimate working knowledge of these principles and how they apply in real terms.\u003c\/p\u003e\u003cp\u003e\u003cbr\u003e\u003c\/p\u003e\u003cp\u003eSince 'fundamental dishonesty' first arrived on the scene on the 1\u003csup\u003est\u003c\/sup\u003e April 2013 as an exception to the QOCS regime, the concept has continued to develop and expand in its reach and application. Most importantly the term has been adopted within s. 57 of the Criminal Justice and Courts Act 2015; a significant piece of legislation representing a fundamental change to the law as it stood following the Supreme Court's decision in \u003cem\u003eSummers v Fairclough Homes.\u003c\/em\u003e\u003c\/p\u003e\u003cp\u003e\u003cbr\u003e\u003c\/p\u003e\u003cp\u003eWritten with both claimant and defendant practitioners in mind, this book seeks to consider what it actually means to be 'fundamentally dishonest'; to identify the relevant Civil Procedure Rules in play; to look at the costs consequences of a finding of 'fundamental dishonesty'; to trace the origins of s. 57 and consider the wording and effect of the statutory provision; to discuss the principles expounded in the most relevant cases; to analyse the procedures and processes to be adopted when making or defending allegations of 'fundamental dishonesty', including how and when an application for a finding can and should be made; and to provide helpful insight and commentary from a practical perspective.\u003c\/p\u003e\u003cp\u003e\u003cbr\u003e\u003c\/p\u003e\u003cp\u003e\u003cstrong\u003eABOUT THE AUTHOR\u003c\/strong\u003e\u003c\/p\u003e\u003cp\u003e\u003cbr\u003e\u003c\/p\u003e\u003cp\u003eJake Rowley is a barrister at Farrar's Building specialising in high value personal injury litigation. His experience spans the full spectrum of such claims including those arising from road traffic accidents; employer's liability; public liability; and occupier's liability claims. His clients include private individuals, local authorities, major UK insurance companies, well-known national and international commercial entities, and National Governments.\u003c\/p\u003e\u003cp\u003eJake has a particular interest in, and significant experience of, cases involving allegations of fraud and\/or fundamental dishonesty. A substantial proportion of Jake's caseload involves accusations of dishonesty including, allegedly fabricated accidents; staged or induced collisions; phantom passenger\/occupancy cases; low-velocity impacts; 'late presentation' claims; malingering; and fabricated or exaggerated injuries. Jake brings a meticulous and forensic approach to his consideration of the evidence and prides himself on conducting thorough and robust cross-examinations at trial. Jake is regularly invited to speak or provide training on the law and practice relating to fundamental dishonesty to both solicitors and insurers.\u003c\/p\u003e\u003cp\u003e\u003cbr\u003e\u003c\/p\u003e","brand":"WoB","offers":[{"title":"US \/ NEW \/ INGRAM","offer_id":51281308025105,"sku":"NIN9781913715601","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52334557757713,"sku":"NLS9781913715601","price":0.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/1913715604.jpg?v=1750900700"},{"product_id":"fundamental-dishonesty-and-qocs-in-personal-injury-proceedings-book-jake-rowley-9781916698727","title":"Fundamental Dishonesty and QOCS in Personal Injury Proceedings","description":"\u003cp\u003eDishonest personal injury claims have long been, and remain, a well-recognised and extensive problem. Allegations of 'fundamental dishonesty' are, almost certainly, as prevalent as ever. It is no exaggeration to say that every practitioner involved in personal injury litigation must possess a comprehensive and up to date understanding of the law relating to 'fundamental dishonesty': first, as it relates to s. 57 of the Criminal Justice and Courts Act 2015 and secondly, in relation to the exception it provides to the Qualified One-Way Costs Shifting (\"QOCS\") regime. It is simply not possible to carry on practice in this area of law without an intimate working knowledge of these principles and how they apply in real terms.\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cp\u003eSince the first edition of this work was published in 2020 the law has continued to develop at pace, particularly in relation to the operation of s. 57 of the 2015 Act. How s. 57 of the 2015 Act works in practice; what the Court is actually required to dismiss where s. 57 is satisfied; and the meaning of 'substantial injustice', have all been explored and explained by the Courts. Other interesting and novel issues have arisen and been argued before the Judges, including: what the Court should do in relation to the costs of a spilt trial where liability is resolved in the Claimant's favour, but dishonesty is alleged in relation to quantum; and how allegations of 'fundamental dishonesty' interact with Court's jurisdiction to award an interim payment. In the costs arena, the introduction of the Intermediate Track and the attendant wholesale rewriting of the fixed costs Rules have required practitioners to familiarise themselves with new procedural routes to assessing their enforceable costs orders, and the Court of Appeal has given guidance on the likely basis of costs assessment where allegations of 'fundamental dishonesty' are pursued unsuccessfully.\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cp\u003ePractitioners are increasingly familiar with the issues surrounding these important legal topics. However, to consider the law in this area as completely settled would be a mistake. There continue to be important issues which are not entirely resolved (notably including precisely what the Court can\/must take into account when considering whether a Claimant has established 'substantial injustice' within the meaning of s. 57 of the 2015 Act) and as the interceding five years since the first edition of this work was published have shown, there always remain other novel points which are still yet to be identified but will ultimately end up being argued before the Courts as the precise limits of the jurisprudence relating to 'fundamental dishonesty' are tested and its interaction with other areas of civil practice explored.\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cp\u003eThere has never been a better time to take stock on where the law on 'fundamental dishonesty' is right now.\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cp\u003eThis book is written with both legal practitioners (Claimant and Defendant) and insurers in mind. In order to consider and analyse the law in this vitally important area, as well as provide insight and commentary from a practical perspective, this book specifically considers a broad array of important issues.\u003c\/p\u003e","brand":"WoB","offers":[{"title":"GB \/ NEW \/ INGRAM","offer_id":52667099513105,"sku":"NLS9781916698727","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"US \/ NEW \/ INGRAM","offer_id":52756500709649,"sku":"NIN9781916698727","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/9781916698727.jpg?v=1762281698"}],"url":"https:\/\/www.worldofbooks.com\/en-gb\/collections\/author-books-by-jake-rowley.oembed","provider":"World of Books ","version":"1.0","type":"link"}