12th March, 2019

Ben Morris secures a finding of fundamental dishonesty and enforceable costs order pursuant to CPR 44.16

In E v UK Insurance the Claimant brought a claim for personal injury and loss following a road traffic accident. The Claimant's account was that of a simple rear end collision on the approach to a roundabout.  The Defendant accepted that he had collided with the rear of the Claimant’s vehicle but contended that the Claimant, in an act of ‘road rage’ had accelerated past the Defendant and deliberately applied his brakes to cause a collision.  At trial the Claimant’s attempt to portray the matter as a simple and straightforward rear end accident was rejected and found fundamentally dishonest. The Defendant was awarded it's costs in defending the matter on the indemnity basis.

Ben Morris's chambers profile can be viewed HERE.



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