Successfully challenged a fundamental dishonesty case against our client
A few years back a client of Hampson Hughes had a Road Traffic Accident who sustained injuries and losses.
The defendant insurers rejected the claim and claimed they had a recording of the client saying ‘he wasn’t injured’ but this never came to fruition. This is something our client denied throughout.
Whilst we were confident in helping the client with his claim and have helped many overcome such defences, it is not uncommon sometimes for a claimant to decide to discontinue their claim. They have a legal right to do so and simply choosing to invoke that right is their prerogative.
In this case, the solicitors for the defendant’s insurer then made an application to set aside the discontinuance and pursue the Claimant for Fundamental Dishonesty. We are increasingly seeing this as a tactical tool to put the Claimant under pressure and seek costs even though they have merely exercised their legal right to discontinue.
We were not satisfied that there were suitable grounds to set aside the discontinuance and vigorously defended the Defendant’s application.
At the application hearing the defendant solicitors, if successful, were trying to enforce a large costs bill on the Claimant – which he would have been personally liable for.
However, the Barrister we instructed (a specialist in in these types of applications) not only managed to get their application dismissed so the claimant didn’t have to pay a penny but managed to secure the costs of defending this application.
This was a difficult situation for the Claimant who merely sought to exercise his legal rights. We were not deterred by the Defendant’s heavy handed approach and continued to support our client with this further litigation.
We will always fight for our clients!
Well done team!!
If you have been involved in a Road Traffic Accident you can call us on 0800 888 6888 or send an email to firstname.lastname@example.org to start a no win, no fee personal injury claim.