Grant Grubb v John Finlay [2018] CSIH 29
The Court of Session has refused an appeal which sought to
dismiss a substantially exaggerated claim on the basis that it was
fundamentally dishonest.
Background
The Pursuer sued the Defender for £500,000 following an
accident which occurred in a petrol filling station in Dundee in
2011. The Defender reversed his Peugeot into the front of the
Pursuer's stationary car. The Defender admitted liability, and
therefore, the only issue was that of quantum of damages.
The Pursuer averred that he had sustained a whiplash injury to
his cervical spine, resulting in an impingement of the C7/C8 nerve
roots.
We were instructed to act on behalf of the Defender by his
insurance company. We advanced arguments that the Pursuer had been
fundamentally dishonest, as he had made several contentions which
were not truthful. In the absence of formal Scottish legislation on
this issue, and with reference to English procedure and
