Matthew Hooper Secures Section 57 Fundamental Dishonesty Dismissal

Matthew Hooper secured a successful outcome at trial in a personal injury claim, with the Court dismissing the claim pursuant to section 57 of the Criminal Justice and Courts Act 2015 on the basis of fundamental dishonesty.

Matthew was instructed on behalf of AXA UK in relation to a road traffic accident in March 2021. Liability was admitted, and it was accepted that the Claimant sustained minor injuries.

The Claimant advanced a substantially higher value claim on the basis of an alleged permanent shoulder injury, said to have been caused by the accident.

The Defendant’s case was that the shoulder injury instead arose from a second cycling accident a few days later, which the Claimant denied had occurred.

Through careful analysis of the contemporaneous medical records, financial disclosure, and inconsistencies within the Claimant’s account, the Court was invited to reject his version of events. In particular, a detailed review of the Claimant’s bank statements revealed two payments to a bicycle repair shop, one shortly after the index accident and a further payment following the second incident, undermining the Claimant’s account.

Following trial, the Court accepted the Defendant’s case in full, finding that the claim had been advanced dishonestly and dismissing it in its entirety.

This case highlights the importance of close scrutiny of both medical and financial evidence, and the value of a rigorous approach to disclosure where fundamental dishonesty is in issue.

With thanks to Lewis Thomas of HF Solicitors for a clear and effective brief, and for his careful analysis of the evidence which greatly assisted in preparation for trial.

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