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 judge was entitled to find that, although the claimant exaggerated his symptoms and was dishonest in his presentation to medical experts, this dishonesty did not go to the root of the claim and was not fundamental within the meaning of s 57 CJCA 2015. The exaggeration did not materially affect the main heads of...

Source-derived case information.

Citation
[2021] EWHC 2510
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 Consequences of Part 36 Offers, Appeals on Findings of Fact
Personal Injury Civil Procedure Fundamental Dishonesty Section 57 Criminal Justice and Courts Act 2015 Damages Assessment Costs Consequences of Part 36 Offers Appeals on Findings of Fact

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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 judge erred in not dismissing the claim for fundamental dishonesty
  3. 3 Whether the costs order on an indemnity basis was appropriate given the claimant's exaggeration

Ratio Decidendi

The judge was entitled to find that, although the claimant exaggerated his symptoms and was dishonest in his presentation to medical experts, this dishonesty did not go to the root of the claim and was not fundamental within the meaning of s 57 CJCA 2015. The exaggeration did not materially affect the main heads of loss, particularly as the major claims for lost earnings were unaffected by the dishonesty. The costs order was justified as the claimant's Part 36 offer was beaten.

Court Disposition

Appeal dismissed

Orders

  • Damages of £125,321.33 to claimant upheld
  • Costs to be paid by defendant on an indemnity basis from 26 May 2020