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 court found that the claimant was fundamentally dishonest in relation to his personal injury claim. Surveillance evidence and expert medical opinion established that the claimant feigned disability, contrary to his pleaded case and the evidence presented to medical experts. The dishonesty went to the root of the claim and substantially affected its presentation. There was no substantial injustice in dismissing the claim. The claim was dismissed under section 57 of the Criminal Justice and Courts Act 2015.

Citation
[2019] EWHC 1216 (QB)
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 / 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
Civil Litigation Personal Injury 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 / 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 was fundamentally dishonest in relation to his personal injury claim under s57 Criminal Justice and Courts Act 2015
  2. 2 Whether the claim should be dismissed for fundamental dishonesty
  3. 3 Whether further expert or witness evidence is required before determining fundamental dishonesty

Ratio Decidendi

The court found that the claimant was fundamentally dishonest in relation to his personal injury claim. Surveillance evidence and expert medical opinion established that the claimant feigned disability, contrary to his pleaded case and the evidence presented to medical experts. The dishonesty went to the root of the claim and substantially affected its presentation. There was no substantial injustice in dismissing the claim. The claim was dismissed under section 57 of the Criminal Justice and Courts Act 2015.

Court Disposition

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

Orders

  • Claim dismissed under s57 CJCA 2015 for fundamental dishonesty.
  • Claimant to pay defendants' costs, subject to deduction of the amount that would have been awarded for the honest part of the claim (if any), as required by s57(5).