The Claimant, a gunner in the Royal Horse Artillery, fell from her horse during a riding lesson in September 2015. She suffered a serious injury to her left shoulder and alleged that as a result she had been left with neuropathic pain, weakness, restriction of movement and hypersensitivity. She claimed damages of c. £2.5 million against the Ministry of Defence under the Animals Act 1971 and in negligence for her injuries and the loss of her army career.
Following a two week trial, Christopher Kennedy KC sitting as a deputy High Court Judge found the claimant to be fundamentally dishonest and dismissed her claim.
Following a consequential hearing, QOCS was disapplied and the Claimant was ordered to pay costs on the indemnity basis, including a substantial interim payment.
Emma-Louise Fenelon was led by Niazi Fetto KC at 2 Temple Garden Chambers, and instructed by Kirstie Mallaney and Charlotte Winser at Keoghs.
The full judgment is available here.
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