PROVING THINGS 123: THE PERSONAL INJURY CLAIMANT WHO COULD NOT SAY WHETHER OR NOT HE HAD BEEN INJURED

We looked at the case of Kavak v FMC – HHJ Pearce Manchester CC 24.04.18) in an earlier post, primarily in the context of re-allocation.  However that case provides a clear illustration of a failure to prove a basic element of a claim. In this case failing to prove that a claimant had suffered any injury at all.  A series of three observations from the judge makes it clear that the claimant could not state that he had suffered injury.

“The Claimant’s evidence in court amounted to an acceptance that he could not say whether he had suffered injury or not. In those circumstances, I do not see that he could ever properly have brought a claim for such injury.”

THE CASE

The claimant brought an action for damages for personal injury. He had been involved in two other accidents in the previous six months.  The judge found that the claimant had not established that he had suffered any additional injury over and above that he was already suffering as a result of the previous accidents.  The claimant, the judge found, was not dishonest, but unable to prove his case.

THE JUDGE’S OBSERVATIONS ON CAUSATION AND EVIDENCE

“The decision as to whether to pursue a personal injury claim was that of the Claimant (and his lawyers). Such a claim could not or at least should not have been pursued unless both the Claimant believed that he had suffered personal injury and the lawyers acting on his behalf consider that he had a reasonable prospect of showing that.”

“The Claimant’s evidence in court amounted to an acceptance that he could not say whether he had suffered injury or not. In those circumstances, I do not see that he could ever properly have brought a claim for such injury.”

“The Claimant would only have been exposed to the risk of a finding that he had lied about suffering personal injury if he had asserted that he had suffered injury. For the reasons set out above, I do not see that he had the material upon which to assert that he had suffered injury.”

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