This was a claim for hand arm vibration syndrome that Weightmans defended to trial, because there was a real ‘sense’ of exaggeration on the part of the claimant and his witnesses, both in relation to vibration exposure levels, his condition, and the extent of consequent losses.
The Claimants solicitors were also looking to bring equivalent claims with potential for factual and financial exaggeration. It was very difficult to explore ADR, as the claimant had unrealistic expectations, based upon the advice of his solicitors. It was important to set a precedent, to defeat the claim and deter ‘unrealistic’ similar claims in the future.
The claim proceeded to a trial and was dismissed with a finding of fundamental dishonesty against the Claimant. There were significant savings for both client insurers.