header-logo header-logo

14 March 2014 / Anastasia Karseras
Issue: 7598 / Categories: Features , Personal injury
printer mail-detail

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

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll