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Instructed by Katie Watmough of Keoghs for the Defendant. Finding of fundamental dishonesty against the Claimant. The Claimant was an intelligent man, who had reviewed the bundle carefully and anticipated many of the questions that would be put in cross-examination.
Many, but not all the Claimant’s attempts to extemporise credible answers were undone by his passenger witness, who had been waiting outside court to give her evidence. The resulting divergence between their accounts cast both into doubt. The judge was satisfied that this case had gone beyond poor recollection and unreliable memory and had moved into dishonesty.