A defendant who is ‘fundamentally dishonest’ about a part of his insurance claim forfeits his entire claim, the High Court has held. The decision, in Sinfield v London Organising Committee for the Olympics (in Liquidation) [2018] EWHC 51 (QB), is bad news for those who exaggerate when making an otherwise legitimate claim.
The claimant was injured while volunteering at the 2012 Olympics. His claim included false statements about hiring a gardener and false invoices. Liability was admitted in full.
On appeal, Mr Justice Knowles clarified that ‘fundamental dishonesty’ under s 57 of the Criminal Justice and Courts Act 2015 occurs where the claimant has ‘substantially affected the presentation of his case’.
Where it occurs, Knowles J said the entire claim should be dismissed, including any genuine element of it, unless the claimant would suffer substantial injustice.
Roger Jones and Martin Stockdale, partners at Kennedys, which acted for the defendant, said the judgment ‘will now become the leading authority’ and clearly shows s 57 has ‘real bite’.
