Council secures fundamental dishonesty finding in highways tripping claim

A local authority has secured a finding of fundamental dishonesty in a highway ‘tripping’ claim, with its counsel reporting that the court had agreed it was not possible for the claimant to have been in the vicinity of the defective pavement at the point he sustained his injury.

The claim for damages was for personal injuries said to have been sustained as a result of falling on defective paving slabs.

According to Matthew Hooper of Deans Court Chambers, the defendant local authority admitted breach of duty in relation to the condition of the pavement, but denied causation.

He said: “There was no dispute that the claimant had suffered serious injury to his knee on the day in question, but the defendant was concerned that the injury was in fact sustained at a different location, with the claimant later identifying a ‘defect’ already marked for repair as being the alleged cause of his fall.

“At the conclusion of the trial, through analysis of the claimant’s medical records, gym records and social media posts, the Court agreed that it was simply not possible for the claimant to have been in the vicinity of the defective pavement at the point he sustained his injury.”

The claim was dismissed and determined to be fundamentally dishonest, Hooper said.

The claimant was ordered to pay the defendant council’s costs of the action on an enforceable basis, assessed at more than £10,000.

Hooper was instructed by Uzma Hameed at Weightmans.