A party, defending a personal injury claim, who wished to assert that the plaintiff was malingering, must accept that this is akin to an allegation of fraud, and it must be specifically pleaded. It should not be for the Plaintiff to trawl through the expert reports, filed by the defendant, to discover such allegations.
Citations:
Times 08-Feb-1999
Statutes:
Rules of the Supreme Court Order 18 r 8(1)(a)
Jurisdiction:
England and Wales
Personal Injury, Litigation Practice
Updated: 08 April 2022; Ref: scu.79482