Cook v Euro Wines Ltd

December 12, 2023

Henry Vanderpump, instructed by Paul Wadsworth at Clyde & Co, achieved dismissal of a claim for damages of over £150,000 for complex regional pain syndrome (CRPS). HHJ Saunders handed down judgment at the Central London County Court on 20 October 2023.

The Defendant admitted breach of duty for causing a road traffic accident but disputed the extent of injuries caused. After hearing expert oral evidence over a four-day trial, the Judge did not accept that the Claimant suffered from CRPS.  The Judge was only prepared to accept the accident had caused a 3-6 months whiplash injury.  He said he would have been prepared to award £2,000 but went on to find that the Claimant had been fundamentally dishonest by exaggerating the extent of his disability and dismissed the case entirely, applying section 57 of the Criminal Justice and Courts Act 2015.

The Defendant had obtained covert surveillance footage which showed the Claimant was much more mobile than he had previously alleged. The Claimant was ordered to pay the Defendant’s costs of defending the case.