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.



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