Hakmi v East & North Hertfordshire NHS Trust & Anor

In Hakmi v East & North Hertfordshire NHS Trust & Anor [2025] EWHC 2597 (KB) (13 October 2025) the Court considered the cost implications of a failed allegation of fundamental dishonesty for a claim which ultimately failed at Trial.

The Claimant suffered a stroke but was not offered a thrombolysis by the Second Defendant’s stroke consultant. The Claimant alleged that this culminated in a serious disability.

The extent of any global cognitive deterioration was contested. The Defendants’ further submitted that the Claimant had deliberately underperformed at testing, an examination and an assessment, and had otherwise exaggerated his symptoms. The Claimant denied this.

The Court concluded that the thrombolysis would probably not have altered the outcome and otherwise accepted that, at best, the Claimant had lost the chance of a better recovery.

The Court further considered the allegation of fundamental dishonesty guided by Cojanu v Essex Partnership University NHS Trust [2022] 4 WLR 33. Such a finding required the pleading of a S.57 Defence, satisfaction of the civil burden of proof and a finding of dishonesty in relation to a matter fundamental in the claim which had a substantial effect on claim’s presentation.

The allegation failed and was found to have been wanting. The Claimant had taken steps to rehabilitate and had also adduced letters from colleagues attesting to his honesty and integrity.

The Court considered that the absence of a penalty in costs would give the Defendants free tilt at raising the issue of fundamental dishonesty and, as such, awarded the Claimant 15% of his costs incurred from the date of the allegation.

Bond Turner will continue to support clients in scrutinising and resisting any such unmeritorious allegations of fundamental dishonesty, and will, where appropriate, seek an appropriate penalty in costs in line with this decision.