Roberts v Kesson & Anor

Roberts v Kesson & Anor

The Claimant was fundamentally dishonest in advancing a false claim for the pre-accident value of his vehicle (£10,400) in his first witness statement and schedule of loss. This dishonesty went to the root of the claim and was not adequately addressed by the Recorder. The only permissible conclusion is that Section 57 applies, requiring dismissal of the claim.

Parties
Claimant: Jason Roberts; First Defendant: Alan Kesson; Second Defendant/appellant: Tesco Underwriting Limited
Jurisdiction
England and Wales
Judgment Date
20 February 2020
Procedural Posture
Appeal / Judgment on Appeal From Recorder's Decision
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, Personal Injury Claims, Road Traffic Accident, Damages Assessment
Civil Procedure Insurance Law Tort Law Fundamental Dishonesty Section 57 Criminal Justice and Courts Act 2015 Personal Injury Claims Road Traffic Accident Damages Assessment

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Parties

Jason Roberts

Claimant

Alan Kesson

First Defendant

Tesco Underwriting Limited

Second Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Recorder's Decision

Legal Issues

  1. 1 Whether the Recorder properly addressed the issue of fundamental dishonesty under Section 57 of the Criminal Justice and Courts Act 2015
  2. 2 Whether the Claimant's conduct amounted to fundamental dishonesty
  3. 3 Whether the claim for pre-accident value (£10,400) was dishonest and fundamental to the claim

Ratio Decidendi

The Claimant was fundamentally dishonest in advancing a false claim for the pre-accident value of his vehicle (£10,400) in his first witness statement and schedule of loss. This dishonesty went to the root of the claim and was not adequately addressed by the Recorder. The only permissible conclusion is that Section 57 applies, requiring dismissal of the claim.

Court Disposition

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

Orders

  • Judgment for the Insurers (Tesco Underwriting Limited)
  • Claim dismissed under Section 57 for fundamental dishonesty