Two brothers have lost €38,000 damages claims they each made in the Circuit Civil Court for personal injuries they allegedly suffered in a road traffic accident, and are now facing hefty legal bills.
Patrick Maughan, aged 29, unemployed, of Mourne View Park, Newry, Co Down, Northern Ireland, and Terry Maughan, also unemployed, from Balbriggan, Co Dublin, sued Michael Kavanagh and also their brother and driver of the car in which they were passengers, John Maughan.
Patrick and Terry Maughan alleged they were close to Dublin Airport, on November 4, 2010, stationary at traffic lights, when Mr Kavanagh rear-ended their vehicle, a van they were using, the court heard, to transport scrap for sale. They claimed they suffered whiplash injuries.
Mr Kavanagh, of The Quarry, Carrickhill Rd, Portmarnock, Co Dublin, denied their claims and alleged the van suddenly reversed at speed and collided with his car.
John Maughan had delivered a full defence denying negligence. He was not present in court because, he now “lives in England and he travels a lot, that’s our culture, we are Travellers, we travel a lot”, Patrick Maughan told Circuit Court President Mr Justice Raymond Groarke.
Judge Groarke said he preferred Mr Kavanagh’s account of what had happened. He said he was also satisfied that Patrick Maughan had failed to disclose a previous accident.
“If I accept the account given by Mr Kavanagh, which I do, it must follow that the two plaintiffs conspired to mislead the court for the purpose of seeking and obtaining compensation. That would be rather venal,” Judge Groarke said.
He dismissed both claims under section 26 of Civil Liability and Courts Act 2004, which deals with fraudulent actions, and made an order for costs against both Patrick and Terry Maughan.
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