header-logo header-logo

A shady business

20 July 2012 / Michael Brace
Issue: 7523 / Categories: Features , Damages , Personal injury
printer mail-detail

Michael Brace analyses the power to strike out fraudulent claims at trial

In Fairclough Homes Ltd v Summers [2012] UKSC 26, [2012] All ER (D) 179 (Jun), the respondent suffered serious hand and leg fractures in an accident at work in May 2003. In August 2007, the county court entered judgment for the respondent on liability with damages to be assessed. Undercover surveillance between October 2007 and September 2008 revealed him to have grossly exaggerated the effect of his injuries and his inability to work. The respondent’s initial schedule of loss claimed damages of £838,616.

Revised schedule of loss

After disclosure of the surveillance evidence, the schedule of loss was revised downwards to approximately £250,000. At the trial on damages the judge found there was no doubt that the respondent had suffered serious fractures requiring at least two operations. However, he also held that the respondent had deliberately lied about ongoing symptoms in and after March 2007. The judge restricted the loss of earnings claim to June 2007 and in addition made

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll