I got knocked off my Ducati Diavel about two years ago. I got pretty smashed up and broke my wrist and ankle.
As a sparky it ain’t easy to climb ladders and re-wire a house with one hand and one leg. Liability was admitted so I figured I was quids in. My medical expert agreed with what I said in my statement – that I couldn’t work as a sparky ever again.
However, it turns out the other side got a private investigator and have me on video re-wiring the local pub over the course of about a month and doing other jobs.
My solicitor tells me I could get done for being dishonest and won’t represent me any further. I’ve told my solicitor my human rights have been infringed by them videoing me at work and I want my day in court next month.
Infringing your human rights, are you having a giggle? You signed a statement saying something was true i.e. that you couldn’t work as a sparky. There is nothing stopping the defendants videoing you in a public place and they’ve basically caught you with your pants down.
If you were my client I would have sacked you as well. You can have your day in court but be prepared for the judge to find you have been “fundamentally dishonest” in light of s.57 of the Criminal Justice and Courts Act 2015.
In this scenario your whole case will be chucked out (even the legitimate parts), you will be ordered to pay the defendant’s cost and you could ultimately end up in prison. Well done.
Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.
Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.
About Motorcycle Monthly
The MCM legal column is compiled by managing partner Andrew 'Chef' Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.
The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with all the motoring offences.
White Dalton lawyers have a vast knowledge of bike law, and they have full bike licences, too. They don’t act for insurance companies or the prosecution.
White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance appointed solicitor, get proper independent advice.