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ARTICLE · 30 APRIL 2018

Fundamental Dishonesty: Claimant's exaggerated symptoms treated with Section 57

Clyde & Co
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Clyde & Co has concluded the dismissal of a high value claim pursuant to Section 57 Fundamental Dishonesty after the Court found that the Claimant's evidence to her medical experts was wholly misleading.

United KingdomLitigation, Mediation & Arbitration
Clyde & Co LLP
Clyde & Co LLP
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Aimee Turner v Michael Heap Limited [2018] CC (Bradford) 08/02/2018

Clyde & Co has concluded the dismissal of a high value claim pursuant to Section 57 Fundamental Dishonesty after the Court found that the Claimant's evidence to her medical experts was wholly misleading.

The Judge concluded that the reports had no evidential value, causation for the injury could not be established and accordingly the general damages claim failed. The Judge then utilised Section 57 to dismiss the entirety of the claim.

Background

The Claimant alleged she had suffered a substantial injury and psychological damage, claiming numerous associated heads of loss.

We established several inconsistencies in the Claimant's medical evidence:

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