Why it is important to speak to specialist solicitors – Brian Barr take on appeal and overturn judgement of fundamental dishonesty

This case study was written thanks to the expertise of our team, including Alex Cohen, Philip Cohen, and Steven Akerman, leading experts in compensation claims for chronic pain and serious injury.

As fibromyalgia, CRPS and chronic pain are invisible illnesses, it can be very difficult to prove the impact it has on an individual. In personal injury claims, such illnesses depend almost entirely on the symptom’s claimants report to experts. Fundamental Dishonesty is a big risk in chronic pain litigation and therefore it is imperative that you have expert solicitors on your side as soon as possible, who understand your condition and how to prove it. Changing solicitors is simple and quick.

In general terms, Fundamental Dishonesty is where a claim is found not to be genuine, and is a route that can be pursued by a defendant in order to get a claim dismissed.

Mr Jenkinson sustained multiple injuries in a road traffic accident, including fractured ribs, and soft tissue injuries to his knee, cervical spine, lower back and abdominal wall. The driver of the other vehicle involved accepted liability but there was dispute between the parties at trial as to the accident-related injuries caused by the accident. In the trial Mr Jenkinson was found to be fundamentally dishonest in advancing his claim of personal injury and the extent of his disability with the result that his claim was dismissed in its entirety.

Brian Barr Solicitors then took on the appeal and overturned the judgement in the High Court. It was found that Mr Jenkinson was ’ambushed’ in the initial trial. His case is now over, however it is difficult to make up for the insult, upset and stress Mr Jenkinson felt when he was wrongly accused of fundamental dishonesty. In personal injury cases, especially those involving hidden or invisible illnesses, it is vital to speak to solicitors who are experts in this area at the very start of your case, rather than having them come in later down the line to fix a mistake.

To learn more about our success stories, and get the legal support of leading specialists in the field, call us on 0161 737 9248.

Share:

Find out if you have a claim

Latest Articles

Understanding the link between Fibromyalgia, CRPS, Chronic Pain, and stress
Brian Barr Solicitors secures £410,000 settlement for maintenance worker involved in accident at work
The connection between mental health and fibromyalgia and the implications in personal injury claims
The significance of medical records in personal injury cases
The impact of social media on personal injury claims
How long do you have to make a claim for compensation?
Successful resolution in road traffic accident for existing fibromyalgia sufferer
What made this case particularly complicated was our client's pre-existing history of fibromyalgia.
Brian Barr Solicitors take on CRPS case and settle for £650,000 more than initial estimate
Brian Barr settles CRPS case for £650,000 more than estimate from previous solicitors
What factors determine the value of your personal injury claim?
The changing seasons – how Autumn impacts fibromyalgia, FND, and chronic pain sufferers
How much will it cost to bring a claim?
Brian Barr Solicitors dispute fundamental dishonesty claim
Brian Barr Solicitors recently successfully defended a claimant who was accused of fundamental dishonesty.