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A shady business

20 July 2012 / Michael Brace
Issue: 7523 / Categories: Features , Damages , Personal injury
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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

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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
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