Roberts v Kesson & Anor [2020] EWHC 521 (QB) (20 February 2020)

Roberts v Kesson & Anor [2020] EWHC 521 (QB) (20 February 2020)

The claimant was fundamentally dishonest in advancing a false claim for the pre-accident value of the vehicle (£10,400) in his first witness statement and schedule of loss. The dishonesty went to the root of the claim and was not explained or excused. Section 57 of the Criminal Justice and Courts Act 2015 requires dismissal of the claim in these circumstances. The Recorder failed to address the issue adequately and should have found fundamental dishonesty.

Citation
[2020] EWHC 521
Parties
Claimant: Jason Roberts; First Defendant: Alan Kesson; Second Defendant: Tesco Underwriting Limited
Jurisdiction
England and Wales
Judgment Date
20 February 2020
Procedural Posture
Appeal / Judgment on Appeal From Recorder's Order
Outcome
Appeal allowed; 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, Road Traffic Accident Claims, Impecuniosity, Special Damages, Disclosure Obligations
Civil Procedure Insurance Law Personal Injury Fundamental Dishonesty Section 57 Criminal Justice and Courts Act 2015 Road Traffic Accident Claims Impecuniosity Special Damages +1 more

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Parties

Jason Roberts

Claimant

Alan Kesson

First Defendant

Tesco Underwriting Limited

Second Defendant

Procedural Posture

Appeal / Judgment on Appeal From Recorder's Order

Legal Issues

  1. 1 Whether the claimant was fundamentally dishonest within the meaning of Section 57 of the Criminal Justice and Courts Act 2015
  2. 2 Whether the Recorder failed to address the issue of fundamental dishonesty adequately
  3. 3 Whether the claim for pre-accident value (£10,400) was advanced dishonestly

Ratio Decidendi

The claimant was fundamentally dishonest in advancing a false claim for the pre-accident value of the vehicle (£10,400) in his first witness statement and schedule of loss. The dishonesty went to the root of the claim and was not explained or excused. Section 57 of the Criminal Justice and Courts Act 2015 requires dismissal of the claim in these circumstances. The Recorder failed to address the issue adequately and should have found fundamental dishonesty.

Court Disposition

Appeal allowed; claim dismissed for fundamental dishonesty under Section 57 Criminal Justice and Courts Act 2015.

Orders

  • Judgment for the Second Defendant (Tesco Underwriting Limited)
  • Claim dismissed under Section 57 Criminal Justice and Courts Act 2015