News

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.



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