Jonathan Lally represents Knowsley MBC in a finding Fundamental Dishonesty

Worthington v Knowsley- Case dismissed and FD finding made

Jonathan Lally represented Knowsley MBC (Instructed by BLM Solicitors, Liverpool) at a trial before Recorder Braslavsky QC sitting at the County Court in Liverpool. The Claimant claimed that she was thrown from her bicycle after hitting a pothole in the carriageway. The Defendant defended the claim on the basis that the alleged defect was not dangerous and that they had a reasonable inspection regime. They also put the Claimant to proof as to the cause of the accident in light of the fact that contemporaneous medical notes stated that the cause of the accident was that a cat had ran under her wheel causing her to swerve, hit the kerb and fall from the bike. The Claimant’s explanation in cross examination that the nurse practitioner had recorded the cause of the accident incorrectly as he had been listening to an unrelated conversation between family members about another accident, was rejected by the Judge. The Judge found that the claim was fundamentally dishonest within the meaning of CPR 44.16 and made an enforceable costs order requiring the Claimant to pay the Defendant’s costs in the sum of £14,110.30. The Judge also indicated that the defect complained of was in any event not dangerous and did not give rise to a breach of s.41 of the Highways Act 1980.