Personal injury claim dismissed on foot of false and misleading evidence

Personal injuries – appeal of High Court ruling dismissing the plaintiff’s claim pursuant to the provisions of s. 26 of the Civil Liability and Courts Act 2004 – plaintiff sustained very significant injuries when he fell out the window from a window seat in a bedroom of the defendants’ hotel premises in Kinsale – whether the plaintiff himself at trial had knowingly given false and/or misleading evidence to the Court as to the extent and nature of his injuries – seventeen minutes of video surveillance footage capturing Mr. Platt’s movements and activities on seven separate occasions over the period – conclusions of the High Court judge concerning the s. 26 application – video surveillance – Mr. Platt had given evidence that was dishonest, unreliable and lacking in credibility – manner in which he had presented his injuries and disabilities to his own experts had been grossly exaggerated – jurisdiction of this Court on the hearing of the appeal – general principles which emerge from the prevailing jurisprudence in relation to s. 26 applications – what s. 26 was not designed to achieve – what evidential proof is required for a successful s. 26 application – claim as a whole must fail – concept of “injustice” within the meaning of s. 26 – it was neither unfair nor disproportionate of the High Court judge to dismiss Mr. Platt’s action in these circumstances – appeal dismissed.