29th July, 2021

Chronic pain case dismissed pursuant to Section 57 of the Criminal Justice and Courts Act 2015

Jamie Hill, instructed by the Defendant employer, has secured the dismissal of a multi-track chronic pain case.

The Claimant claimed to have developed a chronic pain syndrome as a result of a workplace incident. He asserted to the Consultant in Pain Medicine, when examined for the purposes of an expert report, that he was unable to work, was living a sedentary lifestyle and could not drive due to the medication he was taking. Subsequent records demonstrated that account was untrue. At the time the Claimant made those assertions he was, in fact, working full time as a taxi driver.

Following cross-examination of the Claimant and closing submissions, the Judge found that the Claimant had dishonestly exaggerated his injuries. The Judge found as a fact that in reality all he had suffered was a modest 3 month soft-tissue injury. The Judge acceded to the Defendant's application made pursuant to Section 57 of the Criminal Justice and Courts Act 2015. The Claimant's claim was dismissed in its entirety and the Claimant was ordered to personally pay the Defendant’s costs of the entire action.



Latest News...

The judgment of the Supreme Court in TUI v Griffiths regarding 'uncontroverted' expert evidence: nuclear bomb or damp squib?

29th November, 2023
William Hamilton and Beth Caunce review this Supreme Court decision which concerns the correct approach to "uncontroverted" expert evidence, here in the context of a travel sickness claim, but with broader ramifications regarding the procedural fairness of refraining from cross-examining an expert or relying on one’s own expert and waiting instead to criticise that expert’s opinion in closing submissions.

"Don't discuss the case with anyone until your evidence has finished" (we really mean it!)

28th November, 2023
Rachael Levene and Louise Quigley successfully got a multi-day claim of race discrimination struck out after the Claimant failed to heed the warning of not discussing the case until her evidence was complete.

Pupillage Gateway, open to view adverts

27th November, 2023
Today we launch our adverts for pupillage in the Criminal, Family, Employment and Personal Injury teams.