27th April 2017
Jonathan Watt-Pringle, instructed by Clyde and Co, successfully argued for the dismissal of the claim on grounds that the claimant had lied about his inability to return to work after his accident.
The claimant suffered multiple serious injuries, including a head injury, when he fell through a roof whilst helping a friend. Liability was admitted, but the claim was dismissed after it was established that the claimant had been able to return to work. The judge concluded that his claim for substantial past and future loss of earnings was dishonest within the meaning of Section 57 of the Criminal Justice and Courts Act 2015.
An unusual twist occurred during cross-examination, when the claimant alleged for the first time that his former solicitors had told him “a good few times” to lie about his return to work. An application was made for disclosure of the former solicitors’ file, on grounds of waiver of privilege: these documents demonstrated further dishonesty on the claimant’s part.
The claim was dismissed and the claimant ordered to pay the defendant’s costs on an indemnity basis.