James Paterson successfully appeals to the High Court
James Paterson successfully appeals to the High Court. In a first instance decision at trial, HHJ Bird made findings that the Claimant had 'greatly exaggerated' his injuries but that that did not meet the hurdle for fundamental dishonesty ('FD'). The Honourable Mrs Justice Andrews in overturning the decision, making a finding of FD and stripping the Claimant of QOCS protection to costs here and below pursuant to CPR44.16 commented that the inference drawn from the finding of fact and the documents all go in one direction and that this is a dishonest exaggeration even if it was not a dishonest claim from the outset and on that finding section 57 of the Criminal Justice and Courts Act 2015 is engaged.
Case of Fithon v Highways Insurance - copy of judgment to be available in due course.
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