Matthew Hooper in Successful Appeal on Fundamental Dishonesty

Matthew Hooper recently secured a successful outcome on appeal in the County Court at Exeter before HHJ Walsh.

The Claimant, employed by the Defendant as a dog groomer, pursued a personal injury claim alleging that she had been bitten by a German Shepherd and suffered significant injury. At first instance, the trial judge found that the Claimant had not in fact been bitten and had sustained no injury, but declined to make a finding of fundamental dishonesty.

On appeal, HHJ Walsh concluded that the only reasonable finding open to the Court was that the Claimant did not genuinely believe she had been bitten, nor that a dog bite had caused her reported medical problems.

In allowing the appeal, HHJ Walsh held that the trial Judge had failed to properly engage with the principles of fundamental dishonesty, and that the Claimant had been dishonest, with that dishonesty going to the root of the claim.

The Claimant was ordered to pay the Defendant’s costs of the action and appeal, with QOCS disapplied.

With thanks to Kerry Bell of DAC Beachcroft for the instructions and assistance throughout.

View Matthew's profile here:- https://deanscourt.co.uk/our-barristers/matthew-hooper