James Marwick has secured back to back fundamental dishonesty findings for insurer clients in trials this week and last in the County Court.
- In AH (1) & SW (2) v AA Underwriting Limited, the two claimants had brought late notified claims for alleged whiplash injuries sustained in a low speed collision. The claims were dismissed after cross examination in a one-day trial in the Exeter County Court. This was on the basis that no injuries had been sustained as a result of the collision with the only explanation for the presentation of the claims being dishonesty where the claimants’ accounts of injury had unravelled when challenged. QOCs was disapplied under CPR44.16.
- In DQ v Esure Services Ltd, in a trial this week over two days, James secured dismissal of a phantom occupancy claim presented with a value of £50,000. The claimant alleged he was sat in his stationary vehicle at the point of impact and suffered multi-site injuries.
HHJ James sitting in the County Court at Cardiff found that the claimant was not present in his vehicle and had opportunistically fabricated an account that he was an occupant of the vehicle in the aftermath of the accident. There was a consequential finding of fundamental dishonesty and enforceable costs orders made in excess of £20,000.
James acts for both claimants & defendants (successfully resisting findings of dishonesty at trial in several cases this year as well as having secured settlements in a number of pain cases where FD was alleged) and specialises in cases where dishonesty is in issue, frequently advising claimants and insurers on surveillance evidence, social media disclosure and strategy generally at all stages of a case including pleading issues. Read more here.
In November, James will be hosting a webinar offering a refresher on all issues relating to FD for an intended audience of those acting for both claimant and insurer interests.