Civil Liability and Courts Act 2004

False evidence, etc.

25

25.—(1) If, after the commencement of this section, a person gives or dishonestly causes to be given, or adduces or dishonestly causes to be adduced, evidence in a personal injuries action that—

( a) is false or misleading in any material respect, and

( b) he or she knows to be false or misleading,

he or she shall be guilty of an offence.

(2) If, after the commencement of this section, a person gives, or dishonestly causes to be given, an instruction or information, in relation to a personal injuries action, to a solicitor, or person acting on behalf of a solicitor, or an expert, that—

( a) is false or misleading in any material respect, and

( b) he or she knows to be false or misleading,

he or she shall be guilty of an offence.

(3) For the purposes of this section, an act is done dishonestly by a person if he or she does the act with the intention of misleading the court.

(4) This section applies to personal injuries actions—

( a) brought on or after the commencement of this section, and

( b) pending on the date of such commencement.

(5) In this section “expert” means a person who has a special skill or expertise and who—

( a) has been engaged by or on behalf of a plaintiff or defendant in a personal injuries action to give expert evidence in that action, or

( b) for the purposes of or in contemplation of a personal injuries action has been requested to carry out an examination or investigation in relation to any matter for which such special skill or expertise is necessary.