Summary

This case concerns a fundamentally dishonest claimant. The judge held that the experts in the case were reliant on self-reporting by the claimant, who the judge found to be wholly unreliable, as to the extent to which the alleged injuries suffered had impacted her life.

Learning points

Learning points for experts:

• The medical and psychological experts in a personal injury case will often need to rely largely on the self-report of the claimant,

• If an expert’s report is built on a false factual basis (e.g. the client is found to be wholly unreliable), the expert evidence can be rejected

• Consequently, the credibility of the injured person is of central importance.

Learning points for instructing parties:

• The rule determined by the Supreme Court on uncontroverted evidence in Tui v Griffiths does not apply in certain circumstances. Seven circumstances are cited in the judgment including where the report is founded on a false basis.

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