After a four-day High Court trial before The Hon. Mr Justice Knowles, Lachlan Nisbet, Partner and Head of Regulatory at Brabners, has successfully resisted an application from an NHS Trust to have his client (DP) committed for contempt of court.
DP, through another firm of solicitors, had previously pursued a personal injury claim against the Trust for its negligent failure to diagnose and treat a fracture of his dominant left hand. The Trust admitted its failure to diagnose and DP issued civil proceedings. At trial, the Trust presented surveillance reports and social media evidence seeking to undermine DP’s account and the Trial Judge in those proceedings ruled that he had been fundamentally dishonest.
The Trust successfully applied to a High Court Judge for permission to bring contempt proceedings against DP on the basis that he had signed the statement of truth on the various pleadings knowing them to be false.
With permission granted, Brabners instructed Louis Browne QC of Exchange Chambers to act for DP.
After a four-day trial in front of The Hon. Mr Justice Knowles, the Trust’s application to have DP committed for contempt of court was dismissed. The Trust was also ordered to pay DP’s costs of the trial.
Commenting on the case, DP said:
“I can’t stress how grateful I am for Brabners’ services and for the appointment of such an outstanding barrister in Louis Browne QC in assisting me in proving my innocence.”
