Aaron Pulford achieves exemplary damages for defendant client

Aaron Pulford achieves exemplary damages for defendant client.

In 2022 an employed electrician was being investigated by his employer for forging a customer’s signature, approving his work. During the course of that investigation the Claimant attended a customer’s premises. The Claimant reported suffering an electric shock that threw him across the room, burned his hand and badly injured his shoulder. The Claimant went to A&E and later his GP to report the accident and injuries. The Claimant reported he was unable to work because of his injuries and was paid for his time off work. The Claimant never returned to his employment and shortly thereafter the Claimant began working for another company.

The Claimant issued a claim for damages arising from the accident. The Defendant initially defended the matter by putting the Claimant to proof of his injuries. The matter ended up being transferred to Partner at Keogh, Gary Petterson. Mr Petterson carried out investigations into the allegations and spoke with the Claimant’s subsequent employer. It was reported that the Claimant had signed his contract with the new employer the day before the accident and the Claimant began working for the new employer while he was signed off as unfit as a result of his injuries and paid by the Defendant. 

I was asked to advise on the case and prepare a strategy and pleadings.

The Claimant was invited to prove the date his subsequent employment began. The Claimant produced a contract and an email purporting to be from his subsequent employer which mentioned his injuries and confirmed the later start date. The Claimant attested to these documents in his witness statement.

A statement was obtained from the director of the subsequent employer and the Claimant’s line manager, exhibited the true version of the contract and confirming the email was a fabrication.

The Defendant then revealed the content of its investigations, applied to amend its defence to plead the entire accident was a fabrication. The Defendant sought to bring a counterclaim in deceit to recover the monies paid to the claimant and sought an award of exemplary damages to reflect the heinousness and the extent of the Claimant’s deceits.

The Claimant discontinued his claim and attempted to evade the consequences of his actions and to deter the Defendant from pursuing him. 

At a hearing I persuaded the court to grant the Defendant’s application. The court accepted it remained seized of the question of the Claimant’s honesty in the original claim and was able to make determinations both as to honesty and as to costs.

At a second hearing the court considered the Defendant’s evidence and has found:

Claimant had:

1. staged a fake accident;
2. wasted the Defendant’s time and resource in investigating those allegations;
3. extracted monies from the Defendant for payment during his absence;
4. wasted time and resource of the National Health Service going to the York Emergency Department and subsequently his General Practioners;
5. wasted the time and resource of the Defendant in dealing with the claim;
6. Issued and served a false claim;
7. Given false account to a medical expert;
8. forged and doctored documentary evidence to pursue his false claim;
9. Used the Court and its resources to cause harm to the Defendant all the way up to a pending trial date, discontinuing only once the case against him was overwhelming.
10. Sought to avail himself of the protection of the litigation process to impugn the Defendant and enrich himself, dishonestly.
11. falsely alleged the occurrence of a workplace accident and further falsely alleged injury as a result of that false workplace accident;
12. Altered the final page of his contract of employment order to intentionally misrepresent the date on which he began working for his subsequent employer.
13. fabricated an email to intentionally misrepresent the date on which he began working for his subsequent employer.

The Defendant was awarded damages and exemplary damages exceeding £30,000 and costs of over £37,000.

With thanks to Gary Petterson at Keoghs for his expertise and instruction on this matter.

View Aaron's profile here:- https://deanscourt.co.uk/our-barristers/aaron-pulford