18th September, 2020

Claimant admits under cross examination lying to his medico-legal expert.

In Azad v Aviva, heard at Burnley County Court on 14th September 2020, the Claimant Mr. Azad brought a claim for personal injury, recovery/storage and credit hire. The total value of the claim was just over £20,000. While liability wasn`t admitted that fact that this was a rear end collision caused the Defendants some difficulty.

David Calvert was instructed by Aviva to defend the claim – he did so without any witnesses to support the defence.

After an hour or so of intensive cross examination by David the Claimant admitted in open court to the judge that he had lied to his expert about time off work taken as a result of his injury.

As practionners will know while its not unusual for witnesses to be found by a judge to be lying, it is unusual for a witness to admit to a judge they were lying.

Unsurprisingly the Judge engaged the provisions of s57 of the Criminal Justice and Courts Act 2015 with the result that the entire claim (not just for personal injury which the dishonestly related to) was dismissed.

After carrying out the valuation exercise in relation to the remaining heads of damage not infected by dishonestly and discounting the same from the Defendants costs, the Claimant incurred a costs liability of nearly £2000. But more importantly what seemed like a straightforward claim on liability and quantum was unsuccessful. No doubt the Claimant will also need to account to the car hire company…

David Calvert regularly undertakes work for all major insurers and is known to be a tenacious and successful cross examiner.



Latest News...

Emma Clarke Secures Discontinuance in Criminal Proceedings Against Four Police Officers

24th January, 2025
The case involved submissions as to the correct interpretation of s.87 Road Traffic Regulation Act 1984.

Norman Lamb successful in a rare High Court application to compel a will draftsperson's attendance for cross-examination and recover costs - Addison & Anor -v- Niaz [2024] EWHC 3124 (Fam)

21st January, 2025
In Addison & Anor -v- Niaz [2024] EWHC 3124 (Fam), the High Court made a costs order against a solicitor who was the subject of a summons to attend court for cross-examination under s.122 Senior Courts Act 1981.

The Government of Guernsey has appointed Amy Rollings as a Chair of the Employment and Discrimination Tribunal

16th January, 2025
The appointment is for 3 years, from 1 January 2025.