News

21st March, 2019

Michael O’Neill secures finding of fundamental dishonesty and an enforceable costs order pursuant to CPR 44.16

The Claimant pursued a claim for personal injury arising out of a road traffic accident in April 2014. Her medical report referred to immediate severe pain for 6 weeks, followed by ongoing moderate pain at 16.5 months post accident.

The Defendant disclosed a call recording, taken on the day of the accident, in which her husband had indicated that he and the Claimant were both fine. The Claimant’s medical records showed that she had never reported the accident, or her alleged injuries, to her GP, despite regularly attending during the prognosis period.

The Claimant discontinued prior to trial and the Defendant subsequently applied for a finding of fundamental dishonesty. The District Judge was satisfied the claim was fundamental dishonesty and ordered the Claimant to pay costs in excess of £8,000.

Michael O'Neill's Chambers profile can be viewed HERE.



Latest News...

We are seeking applicants for a Civil Fees Clerk

26th July, 2022
A vacancy has arisen for a Civil Fees Clerk to join the team on a full-time basis.

How to calculate holiday pay for part-year workers: The Case of Harpur Trust v Brazel

25th July, 2022
This recent Supreme Court case determined the issue of how holiday pay should be calculated for a worker who works variable hours for only part of the year, but whose contract covers them for the whole year.

Chambers are delighted to announce James Fryer-Spedding has been recognised in the Chambers and Partners High Net Worth Guide 2022

19th July, 2022
Chambers is delighted to announce that James Fryer Spedding is ranked in Tier 1 as a National Leader in Traditional Chancery work outside London. No other barrister in Manchester has made this ranking.