PI Brief Update

Claimant has 'only himself to blame' for dismissal of multi-million-pound claim on the basis of fundamental dishonesty - Nancy Kelehar, Temple Garden Chambers

19/07/24. Shaw v Wilde [2024] EWHC 1660 (KB)

Date of Judgment: 27/06/2024

On 30 June 2018, the Defendant drove into collision with the Claimant’s motorcycle causing the 26-year-old Claimant to suffer serious orthopaedic injuries, including the permanent shortening of his right leg. Liability for the accident was determined in the Claimant’s favour.

However, HHJ Sephton KC, sitting as a Judge of the High Court, dismissed the claim on the basis of the Claimant’s fundamental dishonesty and was not persuaded that there would be substantial injustice to the Claimant in such dismissal.

Fundamental Dishonesty

The Claimant claimed that following the accident, he had not been able to return to any of the outdoor activities he previously enjoyed, including base jumping, hiking and climbing. He stated that he needed a walking stick to walk a maximum of 100-200 yards and required business class flights for all travel.

When the Defendant disclosed surveillance footage which showed that the Claimant was able to walk further than he alleged without using a walking stick, was not using a pavement scooter, and had ridden an electronic mountain bike, the Defendant amended its Defence to allege that the Claimant had been fundamentally dishonest. The Claimant contended that the surveillance footage showed isolated incidents only and did not represent an accurate picture of his day-to-day life.

In addition to the surveillance footage, the Defendant obtained evidence that, since the accident, the Claimant had cycled up Mount Snowdon, participated in base jumping and had travelled abroad on several occasions without requiring business class.

During the course of the 10-day hearing, the Claimant relied upon...

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