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Summary of Recent Cases, June 2019

15/06/19. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just select "Free Newsletter" from the menu at the top of this page and fill in your email address.

Summary of Recent Cases - Substantive Law

Sudhirkumar Patel v (1) Arriva Midlands Ltd (2) Zurich Insurance Plc [2019] EWHC 1216 (QB)

The defendants applied successfully under s.57 of the Criminal Justice and Courts Act 2015 ("the CJCA 2015") for a personal injury claim to be struck out as being fundamentally dishonest.

The claimant had been involved in a significant collision with a bus owned by the first defendant, and suffered a cardiac arrest and a brain haemorrhage. Several years later, he issued an action with his son acting as his litigation friend, claiming that he remained significantly disabled. He instructed an expert neuropsychiatrist to examine him, who found him almost entirely unresponsive and without arm or leg movement. The son told the expert that his father did not communicate and required around-the-clock care. The expert found no neurological reason for the claimant's condition, but diagnosed him as having a severe conversion disorder arising from the collision and assessed him as lacking capacity to litigate. An expert neurologist instructed by the defendants examined the claimant some 20 months later and found...

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