Giles Mooney exposes a dishonest Claimant at Trial

News | Fri 23rd Jan, 2015

Giles Mooney represented the Defendant at trial in the case of Head v Svitzer Marine. The claim had originally been pleaded in the region of £700,000 but had reduced as proceedings had continued and medical evidence developed. Never the less the claim remained in excess of £250,000 when the matter came to trial on 15^th December 2014.

The case arose from accidents in 2006 and 2007 that had occurred in the course of the Claimant’s employment. The Claimant alleged a severe neck injury that was preventing him from doing any form of work. The Defendant had admitted liability pre issue and quantum was the only issue. The Claimant was caught on surveillance evidence apparently working in the car industry. The Claimant claimed that he was merely helping a friend out on his “good days”. As a result of this evidence the Defendant chose not to make a Part 36 offer and the matter proceeded to trial.

Under cross examination by Giles, on the first day of the trial, the Claimant accepted that he had lied about his employment and further had asked a friend, who attended as a witness, to lie on his behalf and that he had written a false witness statement for his friend. As a result of this evidence, which wholly destroyed the Claimant’s credibility, the Defendant made a drop hands offer (including repayment of the interim payment of £10,000 by the Claimant), which the Claimant accepted.

The outcome of the trial and the exposure of the Claimant as dishonest vindicated the Defendant’s decision not to make a Part 36 Offer in the case despite having admitted liability for the accident.