Scrutiny of Medical Evidence & Physiotherapy Charges in Low-Value PI Cases - Thomas Crockett, 1 Chancery Lane
26/08/15. I recently acted for an insurer in a routine low value personal injury case (to which QOCS applied) which had an unusual twist. The claimant claimed damages for neck injuries sustained in a road traffic accident. He signed the Particulars of Claim which were vague as to the description of his injury, but which made reference to an appended medical report. The medical report was of the lamentably short “tick box” variety and concluded that the claimant had sustained a “soft tissue neck injury which resolved in around five months”. At the time of the examination by the GP expert around three months post-accident, the claimant complained of some ongoing symptoms.
Well, the Claimant’s social media persona begged to differ. The Defendant’s online sleuths obtained evidence that the Claimant actually undertook a half marathon a few days post-accident and an ‘Iron Man’ a few weeks after that. This was at a time when the medical report suggested that the Claimant’s symptoms were most acute (“moderately-severe” – whatever that means!).
The Claimant submitted a Notice to Discontinue.
His solicitors came off the record as acting for him.
The Defendant applied to have the Notice of Discontinuance set aside.
On the day of the listed hearing, the Defendant’s solicitors received a remarkably candid witness statement from the Claimant, who had...
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