News

Divisional Court Judgment on committal proceedings
10 May 2011

The Divisional Court, with Moses LJ presiding, found a dishonest litigant guilty of contempt of Court and passed a 12 month prison sentence, suspended for 2 years ... Marcus Grant appeared on behalf of the Claimant. The Defendant was an ex-fireman who claimed c. £25,000 for an injury at work including a loss of earnings claim. He failed to disclose that he was earning money as a taxi driver whilst claiming that he was unable to work at all by reason of his alleged injury. He signed four documents with statements of truth that he knew to be false in a way that would materially affect the justice of the case. When his deceit was uncovered he discontinued proceedings. A committal action was brought by his ex-employers, the South Wales Fire & Rescue Service, in the Divisional Court pursuant to RSC Order 52.1.16 I. Moses LJ, when handing down a judgment, made it clear that Claimants must act swiftly when bringing such proceedings, and if proven Defendants should expect to go to prison. The Defendant's 12 month sentence was suspended for 2 years in this case to reflect that a period of c. 3 years had elasped between the contempt and the committal trial which rendered the committal action stale.

http://www.walesonline.co.uk/news/wales-news/2011/05/12/fake-compensation-claimants-should-expect-prison-judge-tells-welsh-firefighter-91466-28680624/

http://www.express.co.uk/printer/view/246079/

http://www.express.co.uk/posts/view/246079