Success for Nia Marshall in fundamental dishonesty case
September 18, 2025
Nia Marshall from Exchange Chambers has successfully represented 4 Claimants accused of fraud and fundamental dishonesty.
The Claimants brought a personal injury claim for damages after sustaining injuries in a road traffic accident.
There were three key issues:
- Whether the Second Claimant was an occupant in the vehicle at the time of the accident
- The Accident mechanism
- The Extent of injury
The Defendant alleged that the Second Claimant was not an occupant in the car. The allegations of fundamental dishonesty were significant and the allegation of fraud was severe.
During a comfort break, the Claimants recalled that the Second Claimant took an image while seated in the front passenger seat minutes before the accident. The timestamp on the photograph recorded that the image was taken on the same date as the accident before the accident occurred.
When the hearing resumed, Nia made an application for relief from sanctions in order to rely on the photograph. Given that the deadline for standard disclosure was 11 March 2025 and the parties were ordered to exchange witness statements by 22 April 2025, this photograph was approximately 6 or 7 months late. When considering all of the circumstances of the case, the Judge found that the image went directly to the weighty allegations of fundamental dishonesty and fraud. The Judge allowed it on the basis of the overriding objective.
The Judge stated that the corollary of accepting that the Second Claimant was present meant that it undermined the Defendant’s driver’s recollection of events. While she was a straightforward witness, she gave evidence to the effect that the Second Claimant was not an occupant. That led to grave allegations of fundamental dishonesty and fraud. The Judge considered that the Defendant’s driver’s evidence was unreliable in light of the image. The image, as well as the Defendant’s driver’s responses in cross-examination, coloured the Judge’s view of the Defendant’s driver’s recollection as it pertains to other areas of the dispute.
Nia was instructed by Christopher Kennedy of Carpenters Limited.
