QB-2018-004997 - [2025] EWHC 2301 (KB)
Fecha: 09-Sep-2025
Findings on fundamental dishonesty
Findings on fundamental dishonesty
The Claimant has shown herself to be a resilient individual. She had started out on her cherished career and was deprived of it by a fall which would not normally have had such serious consequences. She was unlucky. The evidence of Captain Stone is a reminder of how well she might have done had she been able to stay in the army. It was a sign of the esteem in which he held her that he took the trouble to come to court and testify.
Having lost her career and at a time when she was still significantly restricted, the Claimant proactively sought and found employment.
The Claimant has shown herself to be motivated particularly in pursuit of athletic success but also in other areas. She has pursued avenues of treatment, including invasive treatment and I note that she funded her own psychological therapy in 2023. Her achievements in the field of athletics are testament to her determination.
The evidence shows that, for some time after it occurred, the accident had serious disabling consequences for the Claimant. The surveillance evidence from 2020 is, from the Defendant’s perspective, at best neutral, with relatively minor inconsistencies being balanced out by what appears to be a tendency to favour the right arm.
Notwithstanding the matters set out above, I am afraid that my conclusion is that the evidence that the Claimant has been dishonest is overwhelming.
- Heading
- Christopher Kennedy KC (sitting as a Deputy High Court Judge)
- Liability
- The circumstances of the accident
- Breach of duty
- The Animals Act 1971
- Fundamental dishonesty
- The evidence relating to the allegations of fundamental dishonesty
- Responsibility for the horses
- Evidence relating to the Claimant’s car
- Other material inconsistencies
- CPR 44.16
- “Dishonesty”
- “Fundamental Dishonesty”
- The cases advanced by the parties
- Findings on fundamental dishonesty
- The video surveillance
- Horses
- The car
- Conclusions