Court refers case to the High Court for Contempt of Court proceedings following
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The Evening Standard reported the decision in the case of Barbara Fari who is facing jail over a £740,000 claim for an injured knee hurt in a pavement trip, heard at first instance at Central London County Court.
This claim concerned a highway tripping accident. The Claimant, Barbara Fari tripped and fell on an uneven paving stone sustaining an injury to her knee. The Defendant, Homes for Haringey, admitted liability. It was only to question the amount of compensation that she was entitled to that the Court had to decide.
Fari argued that her claim was worth £740,000.00 on the basis that the injury to her knee was severe and she required significant ongoing care.The Court presided by Judge Christopher Mitchell did not agree. Surveillance had been carried out on Fari which the Judge was able to view. It was his opinion that the value of her claim was nearer to £1,500.00 on the basis that her injury was a minor one that would have caused discomfort for 3 months only.
He struck out her claim in its entirety following Sumners v Fairclough. This decision gave the Court power to strike out a legitimate part of a claim if ' it was tainted by fraud and an abuse of process.' Judge Mitchell has referred the case to the High Court which may allow contempt proceedings to be brought against Fari. Fari and her representatives have 21 days to appeal against the Decision. This case is interesting as it is one of the first to apply the principles in Sumners.
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