Jonathan Lally represents Zurich Insurance at trial in a finding of Fundamental Dishonesty

Moseley v Zurich Insurance- Case Dismissed and FD finding made

Jonathan Lally represented Zurich Insurance (instructed by Horwich Farrelly Solicitors, Manchester) at a trial before Deputy District Judge Thexton at Stockport County Court. The Claimant claimed that he was injured as a result of a road traffic accident when a van reversed into the side of his stationary vehicle. He alleged that he had his window open and had tried to alert the driver of the van of his presence by banging on the back of the van. He alleged that he was injured when the van collided as it struck his arm causing his shoulder to be jarred. The Defendant defended the claim on the basis that the Claimant had failed to notify the personal injury claim until over a year after the accident despite being in regular contact with the Defendant regarding the repairs to his vehicle and provision of a hire vehicle. They also relied upon the lack of any treatment being sought by the Claimant and inconsistencies in his account regarding his ability to continue working in a physical occupation without issue but at the same time requiring unpaid assistance in his home life for 3 months. Evidence was also obtained as to his ability to continue with his hobby of mountain biking throughout the period of alleged injury and the fact that his gym records indicated he had not been to the gym in the five months prior to the accident despite telling the GP expert that he had been unable to attend the gym as a result of the accident having been a regular attender prior to the accident. The Judge rejected the Claimant’s evidence and found as a fact that he was not injured in he collision. He found that there was no contact between the Claimant and the van which was capable of causing injury. He went on to find 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 £7,500.