Patel v Arriva Midlands Ltd & Anor

Patel v Arriva Midlands Ltd & Anor

The claimant, with the participation of his litigation friend, presented an egregiously untrue picture of his disabilities to medical experts and in pleadings, which was wholly inconsistent with surveillance evidence and witness statements. The court found this conduct to be fundamentally dishonest under s.57, substantially affecting the presentation of the claim and potentially adversely affecting the defendants. No substantial injustice would result from dismissal. The claim was dismissed in its entirety.

Parties
Claimant/respondent: Sudhirkumar Patel; First Defendant/applicant: Arriva Midlands Limited; Second Defendant/applicant: Zurich Insurance PLC
Jurisdiction
England and Wales
Judgment Date
14 May 2019
Procedural Posture
Personal Injury / Post Liability, Application to Dismiss Claim for Fundamental Dishonesty Under S.57 Criminal Justice and Courts Act 2015
Outcome
Claim dismissed for fundamental dishonesty under s.57 Criminal Justice and Courts Act 2015.
Legal Topics
Personal Injury, Fundamental Dishonesty, Section 57 Criminal Justice and Courts Act 2015, Costs, Capacity Under Mental Capacity Act, Expert Evidence, Surveillance Evidence
Tort Civil Procedure Insurance Law Personal Injury Fundamental Dishonesty Section 57 Criminal Justice and Courts Act 2015 Costs Capacity Under Mental Capacity Act +2 more

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Parties

Sudhirkumar Patel

Claimant/respondent

Arriva Midlands Limited

First Defendant/applicant

Zurich Insurance PLC

Second Defendant/applicant

Procedural Posture

Personal Injury / Post Liability, Application to Dismiss Claim for Fundamental Dishonesty Under S.57 Criminal Justice and Courts Act 2015

Legal Issues

  1. 1 Whether the claimant was fundamentally dishonest in relation to his personal injury claim under s.57 Criminal Justice and Courts Act 2015
  2. 2 Whether the claim should be dismissed for fundamental dishonesty
  3. 3 Whether dismissal would cause substantial injustice to the claimant

Ratio Decidendi

The claimant, with the participation of his litigation friend, presented an egregiously untrue picture of his disabilities to medical experts and in pleadings, which was wholly inconsistent with surveillance evidence and witness statements. The court found this conduct to be fundamentally dishonest under s.57, substantially affecting the presentation of the claim and potentially adversely affecting the defendants. No substantial injustice would result from dismissal. The claim was dismissed in its entirety.

Court Disposition

Claim dismissed for fundamental dishonesty under s.57 Criminal Justice and Courts Act 2015.

Orders

  • Entirety of the claim dismissed.
  • Damages for the 'honest part' of the claim assessed at £5,750.