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16/11/2024
Settlement of spinal injury and TBI claim against the backdrop of credibility concerns raising the spectre of dishonesty.
Claimant of low intelligence sustained significant injuries including spinal injury and TBI. He was prone to amplify his functional presentation to experts and was an unreliable historian making it difficult to attach weight to his evidence. He failed SVT repeatedly and presented on covert surveillance with a markedly improved gait and walking endurance, and with significantly better manual dexterity than was demonstrated to the medical experts.
The Defendant indicated that its concerns crossed the threshold to ask the Court to strike the claim out for fundamental dishonesty and the case settled against a risk matrix of a clearly severely injured claimant who had not coped well with the pressures and responsibilities of engaging in civil litigation to the point arguably of jeopardising his access to justice.