‘Dishonest’ pothole claimant ordered to cover Flintshire Council’s £10,000 legal fees

 

A pedestrian who attempted to sue Flintshire County Council after a fall has been ordered to pay the council thousands of pounds in legal costs.

The council is set to recoup all its legal costs, which exceed £10,000, after defending a personal injury claim.

The court found the pothole claim was ‘fundamentally dishonest’.

The man accused the council of negligence, alleging his fall resulted from a pothole while he was crossing the road near his home in February 2021.

He claimed to have suffered severe ankle pain, which he described as ‘ten out of ten’ on a pain scale.

However, there was controversy over conflicting accounts of when the accident occurred and how it happened.

Initially, the claimant stated the incident took place at 6 o’clock in the evening, but he later told a medical expert it occurred at 10 o’clock in the morning.

Despite the alleged severity of his injury, he did not seek immediate medical attention, nor did he mention an ankle injury during subsequent visits to his doctor.

While the local authority accepted responsibility for the pothole, they disagreed that it was the cause of the claimant’s fall and asked for proof.

Upon denial of the claim, the man pursued legal action against the council, forcing them to defend their stance in court.

The case was scheduled to go to trial in January 2023, but the claimant unexpectedly withdrew his claim three days before the hearing without any explanation.

This led the council to request an order for the man to reimburse their legal expenses, given their belief that the claim was fabricated.

A subsequent hearing held in June 2023 saw District Judge Roberts rule the claim ‘fundamentally dishonest’. As a result, the court ordered the man to cover the council’s legal costs.

A Flintshire Council spokesperson said, “This result sends a clear message that the council, its insurers, and legal representatives will not tolerate any attempts to dishonestly claim public funds.”