Fletcher v Keatley

Fletcher v Keatley

The judge was entitled to find that the respondent suffered genuine psychological injury caused by the accident until end of 2013, overlaid with exaggeration; damages were properly assessed with deductions for deliberate behaviour; the claim was not abusive enough to warrant striking out; the respondent lacked...

Source-derived case information.

Parties
Appellant: Carl Fletcher; Respondent: Anthony Keatley
Jurisdiction
England and Wales
Judgment Date
12 October 2017
Procedural Posture
Personal Injury / Appeal
Outcome
Appeal dismissed
Legal Topics
Damages Assessment, Causation, Capacity to Litigate, Abuse of Process, Expert Evidence
Tort Personal Injury Damages Assessment Causation Capacity to Litigate Abuse of Process Expert Evidence

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Summary, issues, holding and outcome

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Parties

Carl Fletcher

Appellant

Anthony Keatley

Respondent

Procedural Posture

Personal Injury / Appeal

Legal Issues

  1. 1 Whether the respondent's ongoing symptoms and losses were caused by the accident or by deliberate exaggeration
  2. 2 Whether the claim should be struck out for abuse of process
  3. 3 Assessment of damages for pain, suffering, loss of amenity, and past earnings

Ratio Decidendi

The judge was entitled to find that the respondent suffered genuine psychological injury caused by the accident until end of 2013, overlaid with exaggeration; damages were properly assessed with deductions for deliberate behaviour; the claim was not abusive enough to warrant striking out; the respondent lacked capacity at the time proceedings were issued.

Court Disposition

Appeal dismissed

Orders

  • Judgment for respondent in the sum of £65,246.94
  • Appellant to pay 80% of respondent’s costs