header-logo header-logo

28 May 2009 / Jonathan Scriven
Issue: 7371 / Categories: Features , Procedure & practice , LexisPSL
printer mail-detail

Contempt of court—ramifications for the exaggerating claimant

Jonathan Scriven reviews Kirk v Walton

In Kirk v Walton [2009] EWHC 703 QB, All ER (D) 70 (Apr) Mrs Kirk issued proceedings in 2004 after sustaining injuries in a road traffic accident on 14 September 2001. Kirk claimed that as a result of her accident she had developed fibromyalgia which resulted in a significant and long-term disability—Kirk complained of difficulty walking, climbing stairs and of occasionally being bedridden. Kirk's pleaded case was in excess of £750,000 and in support of her claim she served a number of documents verified by statements of truth which dealt with the nature and extent of her injuries and disabilities.

Liability was conceded by the defendant's insurers although they had clear doubts as to the genuineness of the claimant's injuries and believed that she was exaggerating both her disability and her consequential claim for damages. The defendant's insurer's paid £25,000 into court in February 2005 and obtained surveillance evidence which showed Kirk driving, walking, standing and carrying shopping in an entirely ordinary manner with

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

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll