Thomas v. Barker (Unrep) – (Chronic Pain)
(Unrep) 01.05.12 – Recorder Hill Smith
Injured Claimant exonerated of spectacular dishonesty allegation and awarded £169,000 and all his costs after a 10 day trial
Marcus Grant (instructed By Robert Gair of Ashton KCJ) appeared for the Claimant in a hotly contested injury case arising out of a car accident. The Claimant, who complained of multiple injuries, was covertly filmed by the Defendants skiing in Austria and subsequently denied that he had skied when asked by one of the Defendants’ medical experts. The Defendants accused him of being dishonest and contended that the Court should reject all but c. £2,500 of his claim on the ground that his dishonesty contaminated all the medical evidence to its core and the claim should fail on the burden of proof. Eight medical experts were called at trial to address the competing and overlapping medical disciplines engaged by the medicine in the case. The Claimant admitted that he lied to the Defendants’ medical expert about skiing. The Court found that he had been honest and reliable in his self-report of symptoms since the accident and found that they were attributable to the accident, subject to an 8-year acceleration of low back pain. He was awarded 85% of the bottom line of his Schedule of Loss and 100% of his costs. A 44-page judgment was handed down by Recorder Hill Smith after 10 days of the trial in Cambridge.