25th January 2017
James Henry (instructed by Sandra MacMichael of Weightmans) represented Metroline at a hearing to determine issues of fundamental dishonesty following late discontinuance by the Claimant.
The claimant submitted a personal injury claim against Metroline Travel Limited. She claimed to have been a passenger on bus that was involved in a genuine accident. Placing reliance on inconsistencies in the claimant’s evidence, a statement from an operations manager at the bus company and CCTV footage, an application was made to amend the defence to plead fraud. Shortly before hearing of the application the claimant filed a notice of discontinuance.
The court exercised its powers in accordance with CPR PD44.12 to direct that issues arising out of an allegation that the claim was fundamentally dishonest be determined notwithstanding that the notice of discontinuance had not been set aside.
DDJ Rollason (sitting at the County Court at Clerkenwell and Shoreditch) heard evidence and submissions before finding that the claim was fundamentally dishonest. Permission was given to Metroline to enforce the costs order to its full extent.