Andrew Ward and David Illingworth successfully secure finding of fundamental dishonesty

March 31, 2026

Andrew Ward and David Illingworth from Exchange Chambers, instructed by Victoria Jackson and Laura Topping of Clyde & Co on behalf of the Ministry of Defence, have successfully secured a High Court finding that a former soldier’s non-freezing cold injury claim was fundamentally dishonest.

In Atuanya v Ministry of Defence [2026] EWHC 758 (KB), Rory Dunlop KC, sitting as a Deputy High Court Judge, held that although the claimant had suffered a genuine but mild NFCI, and also had a genuine psychiatric illness, he had consciously exaggerated key aspects of his condition in support of a substantial damages claim.

The claim had been discontinued, but the Court was asked to determine whether the claimant’s case was fundamentally dishonest for the purposes of CPR 44.16. That issue was critical to whether the claimant retained the protection of qualified one-way costs shifting.

The Court found that the claimant had consciously exaggerated his sensitivity to cold and his need for warm clothing, despite claiming substantial damages on the basis that he was unfit for work in cold environments.

The judge concluded that this dishonesty went to the heart of the claim and was therefore fundamental, with the consequence that the claimant lost the protection of qualified one-way costs shifting and became liable for the defendant’s costs.

The judgment can be viewed here.