Patel v Arriva Midlands: Quantum Trials In Personal Injury Claims

Judge considers whether a quantum trial is needed for an insurer's application to strike out a personal injury claim for fundamental dishonesty

The claimant was struck by a bus and had a cardiac arrest at the scene of the accident. He was resuscitated and subsequently discharged from hospital. He claims that he suffered a severe conversion disorder. When he was visited by the defendant insurer's expert, he was mute and unresponsive. However, covert surveillance before that visit had shown the claimant making trips to various shops. The defendant therefore applied to have the claim dismissed under section 57 of the Criminal Justice and Courts Act 2015, on the ground that the personal injury claim was fundamentally dishonest. The claimant argued that the court could not decide the issue now, but should instead hear all the evidence first.