Claimant ordered to pay £13k in legal costs to council over pothole injury claim

Sunderland City Council has secured a £13,000 costs order against a claimant who said he had suffered a knee injury when he hit a pothole on his motorbike.

The man claimed that the incident took place in South Hylton in November 2016.

The council's investigation into the claim included obtaining the ambulance attendance record.

Sunderland said the ambulance crew had been suspicious of the accident circumstances and the police were called to attend.

“A review of the police log indicated that the resident refused to provide any details of the accident or any witness details to the police. In addition, there was no evidence of a motorbike, helmet or debris at the accident scene,” it said.

Because of these concerns the council declined to make a settlement offer and made the resident aware of all the inconsistencies.

The resident started court proceedings which the council was required to defend, and incur legal fees.

The case was heard at Sunderland County Court on 2 March 2020. The resident was cross-examined about his claim and its inconsistencies. A witness who appeared to be independent was actually a friend of the resident, the council said.

Judge Traynor found the claim to be 'dishonest' and made a finding of 'fundamental dishonesty' against the resident.

As a result, the resident is liable to pay council costs of £13,000.

This case follows a previous claim in October 2019 where a resident was also found guilty of 'fundamental dishonesty' and ordered to pay £19,000 of costs.

Sunderland City Council's Cabinet Secretary, Cllr Paul Stewart said: "This is another example of the council dealing diligently and robustly with all claims made against it. If discrepancies are found then the council will and does act in the interests of the public purse.

"It is not acceptable for anybody to think that they can make up a false claim and then expect council tax payers to pay up. All insurance claims made against the council are thoroughly investigated and if we find discrepancies these can be used as evidence in court.

"This is public money, the council takes all claims against it very seriously and those who submit dishonest claims can end up paying all the council's costs.”