header-logo header-logo

A PI update from the courts

07 August 2009 / Anastasia Karseras
Issue: 7381 / Categories: Features , Personal injury
printer mail-detail

Anastasia Karseras reports on “obvious” dangers & fraudulent claims

In Anita Shah v (1) Wasim Ul-Haq (2) Samara Khatoon (3) Zahida Parveen [2009] EWCA Civ 542, [2009] All ER (D) 71 (Jun), the Court of Appeal considered whether it is possible under CPR3.4(2) or at all, to strike out a genuine claim on the ground that the claimant has been involved in a fraud upon the court in respect of an associated claim.

In May 2006 the defendant had negligently driven her vehicle into the rear of a vehicle which was stationary in front of her at traffic lights.

The stationary vehicle was owned by the driver Mr Ul-Haq and it was common ground that his wife and two children were in the vehicle with him at the time of the accident. When the action was begun the defendant admitted liability for causing the collision.

In addition to a claim for damage to the car Mr Ul-Haq and his wife claimed that he had suffered minor whiplash injuries. A claim was

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