Courts are taking an increasingly tougher approach in fraudulent & exaggerated claims, says Colm Nugent
It seems the courts are taking an increasingly intolerant approach to fraudulent and exaggerated claims, and are visiting the consequences of such claims on solicitors, as well as the unsuccessful claimants.
Fari
Following what many insurers considered to be a disappointingly nuanced judgement in Fairclough Homes v Summers [2012] UKSC 26, the matter of Fari v Haringey (2012) Lawtel Document No. AC0135666 was then decided at first instance, which gave insurers some reassurance that the striking out of obviously fraudulent claims was not a mere aspiration.
Mrs Fari’s claim was struck out entirely when video evidence emerged showing that her allegations of considerable disability were wholly false. The High Court has recently given permission for a contempt application to proceed.
Fari should be treated with some caution as a basis for striking out a claim. Fari had no representation at the trial or hearing to strike out the claim—much to the annoyance of the trial judge
