Alexander v Wheeler

Area of law:

Andrew McLaughlin

24 March 2020

Andrew Mclaughlin has successfully defended one of the largest FD cases to be tried in the past 12 months.

The claimant Gavin Wheeler suffered a severe trimalleolar fracture of the ankle when a car ran over his foot. Liability was admitted. Mr Wheeler brought a claim for damages totalling in excess of £850,000 on the grounds he had been and remained disabled by ongoing symptoms and needed substantial care and assistance.

Surveillance was served 6 months before trial apparently showing him to have better function than he hade made out. A revised schedule was served still claiming almost £500,000 and the case went to a 4 day trial. The judge found the Claimant had been fundamentally dishonest in the presentation of his claim.

Damages were assessed at approximately £60,000 but the claim was then dismissed pursuant to section 57 of the Criminal Justice and Courts Act 2015. Andrew was instructed by Joy Middleton of Kennedy’s LLP on behalf of RSA Large Loss. The claimant was represented by James Laughland instructed by Irwin Mitchell. The judgment which contains a detailed exposition of the law and the judge’s approach is attached.