Fundamental dishonesty ‘unfounded’

Mrs Justice Howells, sitting at Wrexham County Court, last week held in favour of the claimant, Karen Preater, in Preater v Betsi Cadwaladr University Health Board. She dismissed the defendant’s allegations that the claimant lied in every aspect of her case, as part of a fundamental dishonesty defence pursuant to s 57 of the Criminal Justice and Courts Act 2015.

In January 2014, Mrs Karen Preater underwent vaginal mesh surgery to which she had not been properly consented and which was performed negligently. She now lives with chronic, constant pain as a result and walks with a stick.

The hospital trust concerned denied liability while several clinicians expressed scepticism over her levels of pain and suffering. In late 2020, Betsi Cadwaladr conducted video surveillance of Mrs Preater and trawled through her social media before launching a defence of fundamental dishonesty. It alleged the claimant was seeking to lie about her ability to work and need for care and assistance which, if found to be correct by the court, would have caused her to lose all her claimed compensation and likely led to an application by the defendant to have her committed to prison.

However, Howells J found Mrs Preater did not seek to deceive any party at any time and should be fully compensated with £970,000. She found the defendant’s allegations that the claimant lied were entirely unfounded.

Grant Incles, partner at Russell-Cooke, which represented Mrs Preater, said: ‘This is an emphatic victory for Mrs Preater, offering her complete vindication and the justice she deserves after such a long and horrific experience.

‘The provision of s 57 is the most draconian of powers available to defendants in personal injury litigation. This was an example of a defendant wielding it unsparingly, with no acknowledgment of the possibility of alternative explanation and complete refusal to engage in reasonable negotiation.