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PI Brief Update

Striking Out Fraudulent Claims at the End of a Trial: The Supreme Court decision in Fairclough Homes Ltd v Summers - Aidan Ellis, Temple Garden Chambers

02/07/12. The increase in the number of fraudulent or dishonestly exaggerated claims has prompted calls from Defendants for the Court to strike out such claims after the end of a trial, including in situations where only part of the claim is dishonest.

The issue came before the Supreme Court in Fairclough Homes Ltd v Summers (2012) UKSC 26. The facts as found at first instance are typical of the issues which arise in these cases. The Claimant was injured in an accident at work in 2003. He served a Schedule of Loss claiming more than £800,000, including a claim for ongoing loss of earnings and continuing symptoms. The Court found, on the basis of surveillance evidence, that in fact he had been able to go back to work from June 2007, and that even prior to that date he was not as housebound as he had suggested. The Judge found explicitly that “the evidence before me...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.