Debbie Deb-Nath v Ajit K Das

Debbie Deb-Nath v Ajit K Das

The applicant failed to demonstrate that the recorder's findings of fundamental dishonesty and exaggeration were unsupported by evidence or perverse; the recorder's assessment of evidence and credibility was reasonable and within his discretion.

Parties
Applicant: Debbie Deb-Nath; Respondent: Ajit K Das
Jurisdiction
England and Wales
Judgment Date
23 May 2022
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application dismissed
Legal Topics
Fundamental Dishonesty, Appeals, Evidence Assessment, Damages
Personal Injury Civil Procedure Fundamental Dishonesty Appeals Evidence Assessment Damages

Case Brief

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Parties

Debbie Deb-Nath

Applicant

Ajit K Das

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the recorder erred in finding the claimant fundamentally dishonest in attributing shoulder injury to the accident
  2. 2 Whether the recorder erred in finding exaggeration of symptoms and dishonesty in the schedule of loss
  3. 3 Whether the recorder gave insufficient weight to documentary evidence of symptoms

Ratio Decidendi

The applicant failed to demonstrate that the recorder's findings of fundamental dishonesty and exaggeration were unsupported by evidence or perverse; the recorder's assessment of evidence and credibility was reasonable and within his discretion.

Court Disposition

Application dismissed

Orders

  • Renewed application for permission to appeal is dismissed