Fundamental Dishonesty: Court Gives Claimant Short End Of The Stick

• Published date: 29 August 2020
• Subject Matter: Litigation, Mediation & Arbitration, Criminal Law, Personal Injury, Professional Negligence, Crime
• Law Firm: Clyde & Co
• Author: Mr Hugh Mullins

Clyde & Co has secured a finding of fundamental dishonesty against a HGV fitter after it was established that he lied about the extent of his disability when pursuing a claim against his employer. The finding was made pursuant to section 57 of the Criminal Justice and Courts Act 2015.

Background

The Claimant was a HGV fitter and sustained shoulder, neck and back injuries when falling from a ladder on a tanker. Primary liability was admitted. The claim proceeded on the basis of contributory negligence, medical causation and damages issues.

The claim had initially been pleaded at a value of approximately '80,000. The Claimant relied on expert medical opinion supporting an advancement of pre-existing pathology and symptoms by a period of 3-4 years.

In his witness statement, the Claimant presented a florid account of his historical and current symptoms and the impact on his lifestyle. This included an unqualified assertion that he required the use of a stick to mobilise.

Surveillance footage was secured and deployed which did indeed show the Claimant had used a stick on a single occasion when the Claimant attended the Job Centre for an interview. The remainder of the surveillance, over a two day period, revealed the Claimant mobilising without restriction.

Photographs were also attached to the Claimant's witness statement purporting to show the conditions in the Defendant's yard area at the time of the accident. Scrutiny of the metadata contained within the photographs revealed that the photographs predated the accident.

We commissioned separate medical evidence which damaged the claim further; with our expert attributing only a two-month period of symptoms to the accident. The Claimant's medical expert, without explanation, then amended their view, reducing the advancement period to 12 months. By the time of trial, the claim for loss of earnings (initially presented in the sum of '66,766) had been abandoned.

Outcome

The matter proceeded to trial on 24 & 25 June 2020 at the County Court at Kingston-Upon-Hull before HHJ Sarah Richardson. Judgment was handed down at a separate telephone hearing on 30 June 2020.

In oral evidence, the Claimant explained his selective use of the stick (when attending the job centre) by stating that he had...