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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll