1st April, 2019

Ben Morris secures 7th finding of fundamental dishonesty for Chambers this month

In K v B the Claimant advanced a claim for personal injury and associated losses following an accident in 2016. Breach of duty was admitted and in excess of £2400 of damage was suffered to the Claimant's vehicle. The claim was intimated four months post accident and the Defendant put the Claimant to proof as to whether injury had been suffered.

Despite having undergone a course of physiotherapy and her medico-legal expert finding 'objective' signs of injury on examination, the Claimant was so materially inconsistent during cross examination that the court found, as a fact, that she had not been injured.

Her claim was dismissed as fundamentally dishonest and an enforceable costs order of approximately £7000 was made, pursuant to CPR 44.16.

Ben's chambers profile can be viewed HERE.



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