header-logo header-logo

27 May 2010 / Brent Mcdonald
Issue: 7419 / Categories: Features , Damages , Personal injury
printer mail-detail

Caught in the act

Brent McDonald considers the high cost of exaggeration & fraud

Mark Noble was seriously injured when his motorcycle collided with a car driven by the defendant. Liability was admitted. At an assessment hearing in 2008 the claimant gave evidence that he remained dependent on crutches and a wheelchair, would never work again, and needed daily care and assistance. Damages were assessed by the judge in the sum of just under £3.4m.

By autumn 2008 the defendant’s insurers received confidential information that the claimant had exaggerated his claim and as a result undertook covert surveillance on seven occasions, each time filming for several hours. The insurers alleged that the films showed the claimant walking without the aid of crutches or a stick, stretching and bending without difficulty, driving a dumper truck and carrying out activities such as sawing wood.

The defendant’s insurers applied for and obtained an injunction restraining Mr Noble from spending the rest of his damages and gave an undertaking to bring an appeal out of time. The allegations of exaggeration

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
back-to-top-scroll