15th October 2015
James Henry (instructed by Tim Ibbotson of Keoghs) represented the Defendants in this claim for personal injury that was struck out at trial. The Claimant had signed statements of truth on the Particulars of Claim, two witness statements and replies to Part 18 Questions, none of which had been translated into his own language. It appeared to the court that the Claimant did not speak sufficiently good English to have given instructions without an interpreter or understood the statements of truth.
It also appeared to the court that there was a prima facie case that the Claimant’s solicitors had conducted the case in an improper, unreasonable or negligent manner. They have been ordered to show cause as to why they should not pay the Defendants’ costs personally in accordance with the wasted costs provisions of CPR r.46.8.