London Organising Committee of the Olympic and Paralympic Games v Haydn Sinfield [2018] EWHC 51 (QB)

LOCOG appealed against a finding of a Recorder that a Claimant was not fundamentally dishonest for the purposes of section 57 Criminal Justice and Courts Act 2015. The Claimant brought a claim for personal injuries caused whilst he was volunteering at the Olympic Games. The Recorder found that the Claimant had been dishonest in fabricating invoices and exaggerating a claim for gardening services, but did not find that the dishonesty was fundamental, as it was the product of ‘muddled, confused and careless’ case preparation. On appeal, it was held that the Recorder had erred. He had elided the tests for fundamental dishonesty and whether this would cause substantial injustice to the Claimant. The Claimant had acted dishonestly in relation to a substantial part of the claim in a way that adversely impacted the Defendant. The Schedule of Damages contained dishonest misstatements which were fundamentally dishonest. The largest head of damage was supported by a dishonest witness statement and fabricated invoices. Both were premeditated and maintained. As a result of the finding of fundamental dishonesty the claim, valued at some ВЈ26,000, was struck out and the Claimant ordered to pay the Defendant’s costs of the action and appeal on the indemnity basis.

February 15, 2018 В· Editorial Team В· Comments Closed
Posted in: Cases