Dishonest Claimant loses entire Personal Injury claim

| Author: Tony Imossi (Secretariat) | Filed under: General News
Dishonest Claimant loses entire Personal Injury claim

Members who carryout insurance fraud investigative services will be interested in the recent High Court judgment in Woodger v Hallas.

The Claimant in that personal injury claim was found to have been dishonest in his loss of earnings claim. Liability was conceded but the insurers for the Defendant had caught the Claimant on camera moving relatively freely at work and being paid by at least one employer.

The County Court had rejected the £500,000 claim but decided the Claimant should still receive around £49,000 compensation in spite of his fundamental dishonesty. The Court had indicated that the Claimant would suffer ‘substantial injustice’ if he missed out on some of the claim.

However, the High Court judge, on appeal, found there was no proper or adequate basis for the County Court decision. 'In every case where the court goes on to find fundamental dishonesty ex hypothesi the Claimant will stand to lose their genuine damages,’ the High Court judge said. He continued: ‘Substantial injustice must mean something more than the claimant losing their genuine damages.’

The Claimant had been injured in a road accident in Derby in 2014. He suffered lasting injuries, which he claimed affected his work as a mechanic. He claimed general damages for pain, suffering and loss of amenity, as well as for past and future loss of earnings.

The appeal judge said that even if there was some injustice to the Claimant, the sustained nature of his dishonesty and involvement of others all made his dishonesty so serious that it would have outweighed any injustice to him. He ruled that the County Court should have dismissed the entire claim and awarded the Defendant its costs of the action.

Working with the Law Society

The ABI is the only association in this industry to be recognised by the Law Society of England and Wales, and included in the Law Society of Scotland's approved Supplier Scheme.

The highest independent professional bodies for solicitors put their trust in us. We’re confident you can do the same.

The ABI other partners also recognise the value of affiliation to the principal professional body in the investigation and litigation support sector:

COURTSDESK SEARCHER is an on-demand search for court cases, or parties involved in court cases, in England and Wales and the Republic of Ireland.
Scotland Law Society logo
Professional Indemnity Insurance
Thank you, your message has been sent.
A member of our team will be in touch shortly.