Molodi v Cambridge Vibration Maintenance Service & Anor [2018] EWHC 1288 (QB) (24 May 2018)

Molodi v Cambridge Vibration Maintenance Service & Anor [2018] EWHC 1288 (QB) (24 May 2018)

The Claimant was fundamentally dishonest in relation to the presentation of his claim, including dishonesty about previous accidents and special damages, and the trial judge erred in accepting his evidence. The claim is dismissed under Section 57 of the Criminal Justice and Courts Act 2015.

Citation
[2018] EWHC 1288
Parties
Claimant/respondent: Mr Mirajuddin Molodi; First Defendant/appellant: Cambridge Vibration Maintenance Service; Second Defendant/appellant: Aviva Insurance Limited
Jurisdiction
England and Wales
Judgment Date
24 May 2018
Procedural Posture
Personal Injury Appeal / High Court Appeal From County Court Judgment
Outcome
Appeal allowed; claim dismissed for fundamental dishonesty.
Legal Topics
Personal Injury, Road Traffic Accident, Fundamental Dishonesty, Appeals, Damages, Section 57 Criminal Justice and Courts Act 2015
Tort Law Civil Procedure Personal Injury Road Traffic Accident Fundamental Dishonesty Appeals Damages Section 57 Criminal Justice and Courts Act 2015

Case Brief

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Parties

Mr Mirajuddin Molodi

Claimant/respondent

Cambridge Vibration Maintenance Service

First Defendant/appellant

Aviva Insurance Limited

Second Defendant/appellant

Procedural Posture

Personal Injury Appeal / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the Claimant suffered injury as alleged in a low velocity road traffic accident
  2. 2 Whether the Claimant was fundamentally dishonest in the presentation of his claim
  3. 3 Whether the trial judge erred in accepting the Claimant's evidence despite inconsistencies and dishonesty

Ratio Decidendi

The Claimant was fundamentally dishonest in relation to the presentation of his claim, including dishonesty about previous accidents and special damages, and the trial judge erred in accepting his evidence. The claim is dismissed under Section 57 of the Criminal Justice and Courts Act 2015.

Court Disposition

Appeal allowed; claim dismissed for fundamental dishonesty.

Orders

  • Claim dismissed under Section 57 Criminal Justice and Courts Act 2015
  • No damages awarded to Claimant