Louisa Simpson, who is currently completing her Third Six in Chambers’ Civil Team, represented claimants in two Fast Track Personal Injury (RTA) claims this week. In both cases, the Defendant argued the Claimant had been fundamentally dishonest in relation to their injuries –allegations which Louisa successfully defended.
In Claim 1, the Defendant argued the Claimant had been fundamentally dishonest in failing to inform the medical expert that she had been involved in a previous road traffic accident, resulting in similar injuries. Louisa persuaded the Judge to prefer the Claimant’s evidence as to her misinterpretation and/or misunderstanding around this matter, and what she had had in mind when she answered the question relating to previous accidents. As a result, the Judge found the Claimant had not been fundamentally dishonest, and her claim for general damages for personal injury succeeded.
In Claim 2, whilst the Judge found that the Claimant had been unreliable and dishonest in his evidence, particularly in relation to his prognosis and the length of time before he recovered from the symptoms of his personal injury, Louisa secured judgment in his favour. The Judge found that despite his dishonesty in adopting the prognosis of the medical expert as his own, it would be substantially unjust to dismiss his otherwise genuine claim for general damages for personal injury incurred in a road traffic accident. The relevant ‘sanction’ for this dishonesty amounted instead to a reduction in the damages awarded to the Claimant.
Louisa accepts instructions in all areas of civil law, with a particular interest in personal injury claims, and experience in road traffic accidents involving credit hire issues and allegations of fundamental dishonesty, for both the Claimant and Defendant. Her full profile can be viewed here.