27th March, 2019

William Hamilton secures finding of fundamental dishonesty

Will acted for the Defendant Insurer in the matter of L v Advantage Insurance Company Limited. He was instructed by Horwich Farrelly Solicitors.

L brought a PI claim following a road traffic accident. The Defendant alleged that the Claimant had not been injured on the grounds of low velocity impact. The Defendant also challenged the Claimant’s vehicle damage claim on the basis that the damage had not been caused in the accident. Both parties adduced expert engineering evidence which supported their respective positions in relation to vehicle damage. The Claimant made a number of fundamental changes to his witness evidence in examination in chief, and for the first time contended that the collision took place in a completely different location to that alleged by the Defendant.

During Will's cross-examination, the Claimant accepted that he had been reckless in signing the statement of truth in his witness statement. The Judge stated he was extremely concerned by this and indicated it may give rise to contempt of court. Ultimately, in view of the inconsistencies and discrepancies in the Claimant's evidence, the Judge was unable to accept that the Claimant had been injured in the accident or that the damage to his vehicle had been caused by the accident. The Judge found the claim to be "opportunistic from the start" and fundamentally dishonest.

Will obtained an enforceable costs order for the Defendant along with the repayment of a without prejudice interim payment that had been made in respect of the vehicle damage.

Will's chambers profile can be viewed HERE.



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