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James Henry (instructed by Sandra MacMichael of Weightmans) represented the successful defendant bus company at the trial of a personal injury claim arising from a collision between two London busses on Piccadilly.
The claim was defended as a low velocity impact on the basis that the claimed injuries could not have been sustained. During the course of cross-examination an unsuccessful application was made to amend the defence to plead fundamental dishonesty.
Notwithstanding that the amendment had been refused, District Judge Manners found that it was not credible in any shape or form that the accident caused the injuries complained of. There had been a blatant attempt to get more money from the defendant than should have been paid. The Judge found the claim was fundamentally dishonest and ordered the claimant to pay the defendant’s costs on the indemnity basis.