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14 March 2014 / Anastasia Karseras
Issue: 7598 / Categories: Features , Personal injury
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Closing the net

Anastasia Karseras illustrates the recent crackdown on fraudulent activity

Given the prevalence of fraudulent or fraudulently exaggerated claims for personal injury, it comes as no surprise that the court’s response to these claims has also sharpened and gained greater urgency.

Strike out?

The Supreme Court set out its stance with its decision in Summers v Fairclough Homes Limited [2012] UKSC 26, [2012] All ER (D) 179.

In Summers, the claimant had been injured in an accident at work while employed by the defendant. After a trial, the judge found for the claimant on liability, but left damages to be assessed. In a signed witness statement the claimant asserted that he was not able to stand for more than 10 to 15 minutes. The claimant served a schedule of loss claiming damages in excess of £800,000. Undercover surveillance revealed the claimant to have grossly exaggerated the effect of his injuries. At the trial of quantum the lower court declined, despite the surveillance evidence, to strike out the claim as an abuse of process, instead

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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