Matthew Hooper secures finding of fundamental dishonesty on behalf of Defendant local authority in ‘highway tripping’ claim.

Matthew Hooper secures finding of fundamental dishonesty on behalf of Defendant local authority in ‘highway tripping’ claim.

The Claimant pursued a claim for damages for personal injuries said to have been sustained as a result of falling on defective paving slabs. The Defendant admitted breach of duty in respect of the condition of the pavement but denied causation.

There was no dispute that the Claimant had suffered serious injury to his knee on the day in question, but the Defendant was concerned that the injury was in fact sustained at a different location, with the Claimant later identifying a ‘defect’ already marked for repair as being the alleged cause of his fall.

At the conclusion of the trial, through analysis of the Claimant’s medical records, gym records and social media posts, the Court agreed that it was simply not possible for the Claimant to have been in the vicinity of the defective pavement at the point he sustained his injury.

The claim was dismissed and determined to be fundamentally dishonest. The Claimant was ordered to pay the Defendant’s costs of the action on an enforceable basis, assessed at over £10,000.

Many thanks to Uzma Hameed at Weightmans for the instructions.

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