Claimant sustaining serious injuries in road traffic accident caused by defendant s negligence-Claim including claim for loss of life long earnings as motor mechanic in excess of￡500,000-Surveillance evidence showing defendant undertaking paid work-Judge finding claimant dishonestly exaggerating claim-Whether claimant suffering any substantial injustice if claim dismissed-Whether claim to be dismissed-Criminal Justice and Courts Act 2015 s.57. "(1) This section applies where, in proceedings on a claim for damages in respect of personal injury ('the primary claim')-(a) the court finds that the claimant is entitled to damages in respect of the claim, but (b) on an application by the defendant for the dismissal of the claim under this section, the court is satisfied on the balance of probabilities that the claimant has been fundamentally dishonest in relation to the primary claim or a related claim. (2) The court must dismiss the primary claim, unless it is satisfied that the claimant would suffer substantial injustice if the claim were dismissed. ... (4) The court's order dismissing the claim must record the amount of damages that the court would have awarded to the claimant in respect of the primary claim but for the dismissal of the claim.
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