DQ v Esure Services Ltd

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.