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Fundamental Dishonesty finding in PI claim against JD Wetherspoon Plc

25th August 2017

Charlotte Davies successfully acted for JD Wetherspoon Plc in a claim brought by an ex-employee for personal injuries arising out of an alleged incident involving lifting a rubbish bag into a bin. The Claimant claimed to have ongoing symptoms almost three years post accident.

 

The Claimant was found to have "grossly exaggerated" the weight of the bag, having provided answers to Part 18 Questions which gave a specific weight. He maintained his position in Court by comparing it to the equivalent of two bags of cement, the weight of which he had knowledge.

 

Following dismissal of the claim, Charlotte made an application for a declaration of fundamental dishonesty such that the Defendant would have the benefit of an enforceable costs order, bringing it outside the QOCS regime. The Judge found that the Claimant's case was founded on the weight of the bag and he had indeed advanced his claim on a fundamentally dishonest basis. As such, JD Wetherspoon Plc can now recover its costs incurred as a result of defending the action.

Charlotte was instructed by Kennedys.

 

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