Our client, Mr C, had been involved in a motorbike accident and subsequently developed a chronic pain condition. At the time that Mr C approached Brian Barr Solicitors, his claim was about to proceed to trial within a matter of days. The Defendant had accused Mr C of ‘fundamental dishonesty’ on the basis of social media posts made by Mr C following the accident. Mr C’s solicitors at the time were unwilling to continue to represent him on a ‘no win no fee’ basis as they considered that his claim was unlikely to succeed.
‘Fundamental dishonesty’ occurs when a claimant in a legal case deliberately provides false or misleading information that significantly impacts the claim. In cases involving chronic pain conditions, and other ‘invisible illnesses’ this can arise because these conditions are often subjective and difficult to measure objectively. Defendants may allege fundamental dishonesty if they believe a claimant is exaggerating symptoms or misrepresenting their situation to increase compensation.
Having reviewed Mr C’s claim and in particular the allegations of dishonesty made against him, Brian Barr Solicitors were of the firm opinion that the allegations of dishonesty were unfounded. We prepared a detailed and comprehensive response to the allegations and also obtained further medical evidence dealing with Mr C’s chronic pain condition. In light of this new material, the Defendant reconsidered their position and made a settlement offer for a significant sum which Mr C accepted.
