James Paterson secures finding of fundamental dishonesty for the Defendant in a claim in which the Court found that whilst there was a genuine accident, the Claimant had dishonestly asserted he was injured

James Paterson represented the Defendant in a claim for injury and various special damages arising from a road traffic accident in which breach of duty and causation were in dispute. The Court apportioned liability at 50:50 but went on to dismiss the claim in its entirety and make a finding of fundamentally dishonesty on the grounds that the Claimant had not suffered any injury at all despite his assertions of the same. In making the finding, DDJ Mawdsley, sitting at the County Court in St Helens, commented that whilst this was a genuine accident for which the Claimant was not entirely responsible, this is a dishonest claim for injury and it is fundamentally so.