Man Suing Date For Giving Him Cold Sore Told To Prove He Didn't Catch It From Someone Else
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A man who is suing a date for almost £140,000 ($184k) after claiming he caught a cold sore from her, has been told to prove that he didn't catch it from someone else.
Martin Conway, of Paddington, west London, says he was 'traumatised' and his life and work have been badly affected after catching the herpes simplex cold sore virus.
The 45-year-old claims his date - who he knew as Jovanna Lovelace - was 'negligent' in kissing him and should have warned him that she had an active cold sore.
However, during a pre-trial hearing at Central London County Court, Mr Conway was told by the judge that he must prove it was Ms Lovelace who gave him the cold sore.
Judge David Saunders told Mr Conway: "This is a claim for £138,000.
"It's a significant claim, focused on the passing-on of the herpes simplex virus which has caused you loss.
"It is the issue which this court has to deal with.
"This case has really got to be honed down to those issues.
"Really this is all about whether you have it and whether she has it and gave it to you. It could be somebody else.
"It's your claim and you've got to prove it. The battle is yours."
He added: "This is a public court and this is a case that does have some unfortunate salacious details.
"I don't want this to be some sort of cause célèbre, but a proper civil claim."
According to reports, Ms Lovelace and Mr Conway were separated at the hearing by a screen to prevent them from making eye contact with one another.
The defendant addressed the judge, urging him to impose reporting restrictions on the case to stop it from being heard in public, claiming earlier reports had impacted her personal life.
She stated that she could lose her job and 'end up living on benefits' due to the case.
However, the judge refused her request, telling Ms Lovelace that to hold the hearing in private would amount to a 'form of censorship' and adding then he 'cannot condone that'.
Fitness coach Mr Conway said on the claim form: "On 4 July 2019, the respondent invited me to an evening out. The respondent met me in central London and we kissed.
"Later that evening after sharing intimate kisses already she informed me, as her makeup was coming off, that she had a cold sore.
"I had no knowledge of cold sores having never been infected with them before [and] was not aware of the contagious nature of cold sores."
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Topics: UK News