Fraudsters watch out!

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Who are BL Claims Solicitors

BL Claims Solicitors specialise in personal injury, clinical negligence and travel claims, providing our clients with hands-on support, nationally.

We are rated as one of the top firms in the UK and believe in speaking to our clients in jargon-free language and ensuring you're speaking to a highly qualified lawyer right from the outset

In this case, Sumners ( S) was injured as a result of an accident at work. Fairclough Homes ( FH) admitted that they were at fault. It was then simply a question of the amount of compensation that S was entitled to.

Surveillance was carried out by FH and found that S was exaggerating the extent of his injuries. When this was sent to S's Solicitors, his Schedule of Loss ( which sets out all financial losses that a Claimant wishes to claim for) was reduced from £838,616.00 to  Â£250,000.00. Both these Schedules were signed by S and contained  a statement of truth ( this is a statement that whoever signs the document has a true and honest belief in its contents).

The Judge found that although S had suffered two fractures, he had fraudulently misstated the extent of his injuries and his ability to work. As a result, he was awarded a reduced sum.

FH appealed and submitted that the Court had the power to strike out the claim and to award S nothing as the whole claim was tainted by fraud and was therefore an abuse of process.  The Court of Appeal refused the application but the Supreme Court disagreed.

The Supreme Court held that Civil Procedure Rules gave the Court the power to strike out a claim as an abuse of process and deliberately making a false claim would constitute this.

Ultimately, however, in this case S's claim was not struck out as it was not proportionate to do so and S had legitimately sustained some form of injury as a result of FH's negligence .

Ruth Johnson

Solicitor - Personal Injury team

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