No basis established to interfere with trial judge’s finding that personal injury claimant’s evidence was honest

Court of Appeal – appeal of decision to refuse an application pursuant to section 26 of the Civil Liability and Courts Act 2004 – dismiss personal injury action on the basis that it is fraudulent – injuries caused to passenger in LUAS accident - emerged that Plaintiff was involved in a subsequent accident on the LUAS – defendant made an application to dismiss the case – plaintiff cross examined about her failure to disclose the second accident – non-disclosure – GPs report disclosed second accident after plaintiff was subject to cross examination at the hearing – solicitors were aware of the subsequent incident and had issued initiating letters – plaintiff did not deliberately withhold the report or act improperly – plaintiff is bound by what her solicitors have done – plaintiff did not mislead the court as to her medical history – injuries in these proceedings do not overlap with the injuries caused in the 2017 incident – trial judge held that defendant did not establish any intention on the part of the plaintiff or her legal advisor to mislead the court or adduce evidence that was misleading in a material respect – aggravated damages awarded to the plaintiff – manner in which the application was pursued – finding of honesty by the trial judge is a finding of fact – Court slow to interfere with such a finding by a trial judge – trial judge justified in making an award of aggravated damages - general damage award not so disproportionate as to amount to an error of law – costs – length of trial – complaint should have been made to the trial judge – defendant has not established any error in discretionary costs order – court refuse to interfere with this – plaintiff entitled to costs of appeal - appeal dismissed.