header-logo header-logo

The closing net

08 March 2013 / Colm Nugent
Issue: 7551 / Categories: Opinion , Personal injury
printer mail-detail

Courts are taking an increasingly tougher approach in fraudulent & exaggerated claims, says Colm Nugent

It seems the courts are taking an increasingly intolerant approach to fraudulent and exaggerated claims, and are visiting the consequences of such claims on solicitors, as well as the unsuccessful claimants.

Fari

Following what many insurers considered to be a disappointingly nuanced judgement in Fairclough Homes v Summers [2012] UKSC 26, the matter of Fari v Haringey (2012) Lawtel Document No. AC0135666 was then decided at first instance, which gave insurers some reassurance that the striking out of obviously fraudulent claims was not a mere aspiration.

Mrs Fari’s claim was struck out entirely when video evidence emerged showing that her allegations of considerable disability were wholly false. The High Court has recently given permission for a contempt application to proceed.

Fari should be treated with some caution as a basis for striking out a claim. Fari had no representation at the trial or hearing to strike out the claim—much to the annoyance of the trial judge

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll