Two Claimants alleged injuries and losses arising out of an RTA. The Defence alleged staged or otherwise fraudulent accident. The court struck out the entirety of the relevant claimant’s claims (including general and special damages) on an interlocutory application. The reason was the failure by C to give comprehensive disclosure of all documents relating to previous accidents. The Judge said such failure undermined the ability of D to properly advance its case on general and special damages; and in a fraud claim the obligation to give comprehensive disclosure was paramount.
Colm Nugent acted for the Defendant RTA insurer. For more information, please refer to the full judgment.