2023011

Request regarding the Use of Section 57 Criminal Justice and Courts Act

Published: 16 April 2023

Information requested

Please could you confirm how many times the NHS has been able to successfully use the Section 57 defence of fundamental dishonesty from the Criminal Justice and Courts Act 2015 to prevent a claimant from accessing damages? If this information is available, please could this be broken-down by calendar year from the earliest available records. Please could you also confirm how many times the NHS has tried to argue the Section 57 defence, broken down by calendar year from the earliest available records, including cases where it has been successfully and unsuccessfully argued?

NHSCFA response

I have searched records of NHS Counter Fraud Authority and can confirm that NHS CFA do not hold this information.

This undertaking does not fall within the NHS Counter Fraud Authority remit.

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