An injured person who claimed more than £500,000 for lost earnings – while hiding the fact he was still in paid work – has lost his entire damages award because of fundamental dishonesty.
In Woodger v Hallas, Mr Justice Julian Knowles overturned a county court ruling that claimant Steven Woodger should still receive around £49,000 compensation in spite of his dishonesty.
The county court had indicated that Woodger would suffer ‘substantial injustice’ if he missed out on some of the money due to him but the judge said there was no proper or adequate basis for this finding. ‘In every case where the court goes on to find fundamental dishonesty ex hypothesi the claimant will stand to lose their genuine damages,’ he said. ‘Parliament has provided in express terms that that should be so, subject to the question of substantial injustice.’
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