Andrew Ward Successfully Defends £2.25 million Personal Injury Claim
October 6, 2022
Andrew Ward has represented the Ministry of Defence in its defence of a claim brought by Mr. H., a former soldier, arising from a road traffic accident on deployment in Jordan with the Army in April 2016. Liability was admitted.
The contemporaneous medical records referred to a whiplash injury to the neck and left shoulder. However, the Claimant maintained that he had sustained an injury to his lower back leading to a chronic pain condition and a somatoform disorder. Medical causation was disputed.
His interim Schedule of Loss totalled £2.25 million. Despite telling the experts that he had not worked since his medical discharge, and that he had no future residual earnings capacity, the Claimant was videoed selling coffee from a mobile coffee van in October 2020. The MOD advanced a positive case of Fundamental Dishonesty.
The claim was listed for an 8-day trial due to commence on 3rd October 2022. The Claimant’s Final Schedule of Loss exceeded £1.8 million. The Claimant withdrew his claim the day before the trial, retaining only a low interim payment on account of damages of £2,500 that had been made before the dishonesty concerns arose.
Andrew was instructed by Carrie Hoey, Partner, and Liam Walsh, Solicitor, of Keoghs LLP. Andrew said: “It was a privilege to work as a team with Carrie and Liam and also with Adnan Mohamed, Senior Claims Officer of the MOD. The investigatory work carried out by Carrie and Liam in respect of the Claimant’s credibility was invaluable in achieving this result. Fundamentally dishonest claims will be defended robustly.”
Andrew is a member of the personal injury team at Exchange Chambers.
