Patel v Arriva Midlands Ltd & Anor [2019] EWHC 1216 (QB) (14 May 2019)

Patel v Arriva Midlands Ltd & Anor [2019] EWHC 1216 (QB) (14 May 2019)

The claimant and his litigation friend were fundamentally dishonest in presenting the claimant's condition as severely and consistently disabled, when surveillance evidence and witness statements showed significant capability and variability inconsistent with the pleaded case and expert diagnoses. The dishonesty went to the root of the claim and substantially affected its presentation. There was no evidence that dismissal would cause substantial injustice. The claim must be dismissed under section 57.

Citation
[2019] EWHC 1216
Parties
Claimant/respondent: Sudhirkumar Patel; First Defendant/applicant: Arriva Midlands Limited; Second Defendant/applicant: Zurich Insurance PLC
Jurisdiction
England and Wales
Judgment Date
14 May 2019
Procedural Posture
Personal Injury Road Traffic Accident / Post Liability Trial, Application to Dismiss Claim for Fundamental Dishonesty Under S57 Criminal Justice and Courts Act 2015
Outcome
Claim dismissed for fundamental dishonesty under section 57 Criminal Justice and Courts Act 2015.
Legal Topics
Fundamental Dishonesty, Section 57 Criminal Justice and Courts Act 2015, Surveillance Evidence, Capacity Under Mental Capacity Act 2005, Expert Evidence, Costs
Personal Injury Civil Procedure Insurance Law Fundamental Dishonesty Section 57 Criminal Justice and Courts Act 2015 Surveillance Evidence Capacity Under Mental Capacity Act 2005 Expert Evidence +1 more

Case Brief

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Parties

Sudhirkumar Patel

Claimant/respondent

Arriva Midlands Limited

First Defendant/applicant

Zurich Insurance PLC

Second Defendant/applicant

Procedural Posture

Personal Injury Road Traffic Accident / Post Liability Trial, Application to Dismiss Claim for Fundamental Dishonesty Under S57 Criminal Justice and Courts Act 2015

Legal Issues

  1. 1 Whether the claimant and/or his litigation friend acted with fundamental dishonesty in relation to the personal injury claim
  2. 2 Whether the claim should be dismissed under section 57 of the Criminal Justice and Courts Act 2015
  3. 3 Whether dismissal would cause substantial injustice to the claimant

Ratio Decidendi

The claimant and his litigation friend were fundamentally dishonest in presenting the claimant's condition as severely and consistently disabled, when surveillance evidence and witness statements showed significant capability and variability inconsistent with the pleaded case and expert diagnoses. The dishonesty went to the root of the claim and substantially affected its presentation. There was no evidence that dismissal would cause substantial injustice. The claim must be dismissed under section 57.

Court Disposition

Claim dismissed for fundamental dishonesty under section 57 Criminal Justice and Courts Act 2015.

Orders

  • Claim dismissed in its entirety under section 57.
  • Claimant to pay defendants' costs, subject to deduction of the amount of damages that would have been awarded for any honest part of the claim (if any).