Homepage

Claimant discontinues at the Court door

Date:

16th November 2011

Team:

Civil, Civil Fraud.

Richard Paige and Keoghs were able to persuade a Claimant to discontinue his claim at the Court door, in a case defended by Liverpool Victoria on the basis that it was fraudulent.

The Claimant brought a claim against LV’s policyholder following an accident on a roundabout. The losses included hire charges of £110 per day for 161 days, totalling over £17,000. LV’s policyholder alleged that the Claimant had deliberately caused the accident.

The Claimant had been involved in a number of accidents in a relatively short period of time, in two of which the Defendants alleged that the Claimant had also deliberately caused their accidents. Despite being presented with this evidence the Claimant pursued his claim to a two-day Multi-track trial. A witness who was said by the Claimant to be independent supported his case.

Through a careful forensic analysis of the Claimant’s medical and banking records Richard was able to identify 3 months during the period of hire that the Claimant was in Pakistan. When this analysis was presented to the Claimant’s Counsel, with an indication that if the Claimant denied being abroad an application would be made for specific disclosure of his passport, the Claimant elected to discontinue his claim before giving evidence.