News

1st March, 2019

Ben Morris secures a finding of fundamental dishonesty and dismissal of a claim pursuant to s.57 CJCA

In C v LV Insurance, the Claimant advanced a claim for personal injury, vehicle repairs, credit hire charges and storage charges following a road traffic accident. The Defendant admitted that its insured had driven out of a minor road, colliding with a parked car and then reversed into the Claimant’s vehicle.  The Defendant had made an interim payment on account of vehicle damage and it was not contended at trial that the accident was incapable of causing injury. 

The Claimant was subsequently involved in another road traffic accident three months after the index accident.  Despite contending that he was continuing to suffer injury from the index accident at the time of the second accident, the Judge found that this assertion, amongst others, was dishonest. The dishonesty was found to constitute fundamental dishonesty. On the basis of that finding the Claimant's claim was dismissed in its entirety pursuant to s.57 CJCA.  The Claimant was ordered to pay the Defendant’s costs of the action and repay the interim payment already received.

Ben Morris' profile and contact information can be viewed HERE.



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