header-logo header-logo

Caught in the act

27 May 2010 / Brent Mcdonald
Issue: 7419 / Categories: Features , Damages , Personal injury
printer mail-detail

Brent McDonald considers the high cost of exaggeration & fraud

Mark Noble was seriously injured when his motorcycle collided with a car driven by the defendant. Liability was admitted. At an assessment hearing in 2008 the claimant gave evidence that he remained dependent on crutches and a wheelchair, would never work again, and needed daily care and assistance. Damages were assessed by the judge in the sum of just under £3.4m.

By autumn 2008 the defendant’s insurers received confidential information that the claimant had exaggerated his claim and as a result undertook covert surveillance on seven occasions, each time filming for several hours. The insurers alleged that the films showed the claimant walking without the aid of crutches or a stick, stretching and bending without difficulty, driving a dumper truck and carrying out activities such as sawing wood.

The defendant’s insurers applied for and obtained an injunction restraining Mr Noble from spending the rest of his damages and gave an undertaking to bring an appeal out of time. The allegations of exaggeration

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll