Description
Finding of Conscious Exaggeration:Whilst the trial judge had held that there was conscious exaggeration by the Claimant, this in itself was not determinative of whether the accident had caused the Claimant's symptoms for longer than three months, or whether it had led to his discharge from the forces. The judge had failed to consider the medical evidence, which did not suggest that the Claimant was deliberately fabricating his symptoms. If the judge rejected the medical evidence it was incumbent on him to say so and give reasons why. The judge had failed to spell out his findings and to give reasons for those findings, accordingly the matter had to be remitted for rehearing.
