Widlake v BAA Ltd [2009] EWCA Civ 1256

Overstatement: Exaggeration not necessarily fundamental dishonesty

Bronia Hartley reports on the latest case involving allegations of fundamental dishonesty ‘It was the claimant’s case that he had suffered a significant injury as a result of the fall, that he continued to suffer debilitating pain and as a result was unlikely to find gainful employment.’ There have been a number of recent decisions …

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Costs: It’s not winning but taking part that counts

Mark Surguy looks at the costs consequences of not quite winning The trial judge decided that that the notion of ‘success’ depended on who was paying money to whom at the end of the case. He did not think that the claimant had exaggerated his case and felt he had reasonably relied on expert evidence. …

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Evidence: Problem issues and problem clients

Lisa Sullivan and Martyn Mcleish offer practical tips on how to navigate claims where allegations of exaggeration may arise ‘The defence operates as a rule of public policy by which an otherwise perfectly proper claim will not be allowed to proceed or a particular head of loss cannot be recovered because it offends public conscience …

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