Elgamal v Westminster City Council [2021] EWHC 2510 (QB) (15 September 2021)

Elgamal v Westminster City Council [2021] EWHC 2510 (QB) (15 September 2021)

The claimant exaggerated his symptoms to some extent, but the dishonesty did not go to the root of the claim. The exaggeration did not materially affect the major heads of loss, particularly the loss of career as a stuntman, which was undisputed. The trial judge was entitled to find that the dishonesty was not fundamental, and the claim should not be dismissed under s 57 of the Criminal Justice and Courts Act 2015.

Citation
[2021] EWHC 2510 (QB)
Parties
Claimant/respondent: Marwan Elgamal; Defendant/appellant: Westminster City Council
Jurisdiction
England and Wales
Judgment Date
15 September 2021
Procedural Posture
Personal Injury Appeal / High Court Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Fundamental Dishonesty, Section 57 Criminal Justice and Courts Act 2015, Damages Assessment, Costs (indemnity Basis), Quantum of Damages, Surveillance Evidence
Personal Injury Civil Procedure Fundamental Dishonesty Section 57 Criminal Justice and Courts Act 2015 Damages Assessment Costs (indemnity Basis) Quantum of Damages Surveillance Evidence

Case Brief

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Parties

Marwan Elgamal

Claimant/respondent

Westminster City Council

Defendant/appellant

Procedural Posture

Personal Injury Appeal / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the claimant was fundamentally dishonest within the meaning of s 57 Criminal Justice and Courts Act 2015
  2. 2 Whether the exaggeration of symptoms by the claimant went to the root of the claim
  3. 3 Whether the trial judge erred in not dismissing the claim for fundamental dishonesty

Ratio Decidendi

The claimant exaggerated his symptoms to some extent, but the dishonesty did not go to the root of the claim. The exaggeration did not materially affect the major heads of loss, particularly the loss of career as a stuntman, which was undisputed. The trial judge was entitled to find that the dishonesty was not fundamental, and the claim should not be dismissed under s 57 of the Criminal Justice and Courts Act 2015.

Court Disposition

Appeal dismissed

Orders

  • The judgment and order of HHJ Murdoch awarding £125,321.33 in damages and costs on an indemnity basis to the claimant stands.
  • No finding of fundamental dishonesty under s 57 Criminal Justice and Courts Act 2015.