In Molyneaux v Fisher heard at Crewe County Court on 21st September 2020 a Claimant brought proceedings alleging that while stationary for 10-15 seconds he was run into by the Defendants white van.
Instructed by Horwich Farrelly, David Calvert represented the van driver. The Defendant's case was that after pulling in front of the Claimant, the Claimant then undertook him before pulling back in front of him and slamming on his brakes. The Defendant was essentially alleging an episode of road rage on behalf of the Claimant- evidenced by the admitted fact that the Clamant got out his car after the collision and shouted and swore at the Defendant.
Under cross examination by David the Claimant made for a poor witness and the judge decided as a fact that the Defendants version of events was more likely, and that the Claimant had indeed undertaken the Defendant in the manner described before then deliberately braking.
The claim was dismissed. An application was then made in relation to fundamental dishonesty on the basis that the respective version of events was so irreconcilable that the Claimant could not have been mistaken and must have been dishonest.
The judge noted the following "In my view on the evidence this is an unusual case. Very often drivers will have different perceptions as to what occurred on the road. In the majority of those cases that very different perception doesn’t lead to a finding of dishonesty. However in this case it is very difficult to understand how the Claimant genuinely believed he had been rear ended in the middle lane while stationary for 15 seconds when I find that he intentionally drove the way that he did in 'teaching the D a lesson'".
The Claimant was ordered to pay costs of £6000.