Oliver Carr secures finding of Fundamental Dishonesty after Golfer Makes Bogey.

Oliver Carr secures finding of Fundamental Dishonesty after Golfer Makes Bogey.

Oliver Carr represented a local authority in proceedings brought against it by a Claimant who alleged that he had injured his elbow and back when he slipped on a churchyard pathway.

The Claimant’s evidence was that he was unable to play golf for three weeks post-accident and that, after an attempt to play caused him too much pain and discomfort, he altogether avoided playing golf for around one year.

The Defendant obtained evidence which demonstrated that the Claimant had posted on his social media account photographs of him playing golf on a nationally famous course and commenting that he had “nailed a drive” within one week of his alleged accident. The evidence demonstrated that the Claimant had continued to play golf (including at times at competition level) consistently over a year following the accident. The Claimant was served with this evidence, as well as a letter reserving the Defendant’s right to allege Fundamental Dishonesty. He discontinued his claim thereafter.

Oliver advised after the Claimant’s discontinuance in relation to prospects and case strategy, assisting the Defendant in preparing and attending an application which was made pursuant to Paragraph 12.4 (c) of PD 44 for the Court to list the discontinued claim for a final hearing in order to make a determination on the issue of Fundamental Dishonesty. The Defendant’s application was successful.

Oliver attended a final hearing in the County Court at which the District Judge made a finding of Fundamental Dishonesty. The Court found that the Claimant had significantly exaggerated his injuries, and further that he had concealed both a previous back injury and a relevant previous claim from his medical experts.

The Claimant was ordered to pay the Defendant’s costs of over £11,000 on an enforceable basis.

To view Oliver Carr's profile visit - https://lnkd.in/epdKPuDR