Satinder Hunjan QC retained by BMW UK and instructed by Peter Bennett of Dolmans achieves a full strike out of a claim where the value was presented to exceed Â£1million in a liability admitted claim arising out of an electrocution injury upon the grounds of fundamental dishonesty.
The circumstances around the happening of the injury were dubious and at most a minor injury would have been expected. The Claimant claimed grave consequences including an inability to work and requiring care and support.
The case was undermined by the use of covert surveillance evidence and appropriate medical evidence.
This case is to be contrasted with those where a Claimant has sustained a substantial injury but there has been fundamental dishonesty as to part of the claim and where it may be unjust to strike out the claim in its entirety. In the present claim, the Defendants were able to demonstrate that there had been effectively wholesale exaggeration of the nature and extent of the injuries and their consequences even taking arrange of acceptable views.
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