James Paterson obtains finding of fundamental dishonesty

Representing the Defendant in a claim for personal injury the Court dismissed the claim determining the same to be fundamentally dishonest. 

The Claimant asserted in his evidence that he was in pain and bleeding at the scene of the accident and was provided with medical treatment by the attending Police Officer. On the basis of the ’non-injury' Police accident report the Court found that the Claimant’s assertion was untrue. Further, the Court found that the Claimant had reported to his employer that he was not injured in the accident and, during the course of cross-examination, when he realised that what he had said in evidence did not assist his case, he sought to ‘backtrack’. 

The Court concluded that ’the Claimant knew there was no injury yet he sought to say to the medical expert that he was injured’. The Claimant was ordered to pay the Defendant’s costs of the action on an indemnity basis pursuant to CPR44.16.

Thanks to Phil Atkinson of DWF for this instruction.