Oliver Carr secures costs in fundamentally dishonest claim

Oliver appeared before His Honour Judge Bird (the Designated Civil Judge for Manchester) representing Skyfire Insurance Company instructed by Caitlin Riley of Keoghs Solicitors.

The Claimant alleged that he had been injured in a “rear end shunt” caused by the insured driver.  The Defendant’s case was that there had been no contact at all, and that the claim must therefore be fundamentally dishonest.

Unusually, the Claimant did not attend trial.  Rather than have the case struck out for non-attendance, Oliver persuaded the Court to hear the trial in the Claimant’s absence, and to give a ruling on the merits.  

At the end of the trial, the case was dismissed, with the Judge remarking that it was “impossible” to arrive at any conclusion other than that the claim was fundamentally dishonest.

Given the Court’s findings, Oliver was able to secure an enforceable order for costs under CPR 44.16(1).