Wright v Satellite Information Services Ltd [2018] EWHC 812 (QB) (11 April 2018)

Wright v Satellite Information Services Ltd [2018] EWHC 812 (QB) (11 April 2018)

The trial judge was entitled to find, on the evidence, that the claimant was not fundamentally dishonest in relation to his personal injury claim, and the mere rejection of the care claim did not mandate a finding of dishonesty. The appeal was an impermissible attempt to overturn factual findings properly made by the trial judge.

Citation
[2018] EWHC 812
Parties
Claimant/respondent: Edward Wright; Defendant/appellant: Satellite Information Services Limited
Jurisdiction
England and Wales
Judgment Date
11 April 2018
Procedural Posture
Personal Injury Appeal / Appeal From County Court to High Court
Outcome
Appeal dismissed
Legal Topics
Fundamental Dishonesty, Section 57 Criminal Justice and Courts Act 2015, Quantum of Damages, Appeal Review, Costs Orders
Personal Injury Civil Procedure Fundamental Dishonesty Section 57 Criminal Justice and Courts Act 2015 Quantum of Damages Appeal Review Costs Orders

Case Brief

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Parties

Edward Wright

Claimant/respondent

Satellite Information Services Limited

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal From County Court to High Court

Legal Issues

  1. 1 Whether the claimant was fundamentally dishonest in relation to his personal injury claim under section 57 of the Criminal Justice and Courts Act 2015
  2. 2 Whether the trial judge erred in law by not finding fundamental dishonesty after rejecting the care claim

Ratio Decidendi

The trial judge was entitled to find, on the evidence, that the claimant was not fundamentally dishonest in relation to his personal injury claim, and the mere rejection of the care claim did not mandate a finding of dishonesty. The appeal was an impermissible attempt to overturn factual findings properly made by the trial judge.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment for claimant in the sum of £119,165.02 stands
  • Defendant to pay 75% of claimant's costs as previously ordered