Contempt of court and fundamental dishonesty; both quite heavy and serious-sounding legal phrases that I am sure most would agree they do not want to be on the receiving end of or associated with.
The former is applicable in both civil and criminal cases and relates to actions which interfere or prejudice the course of proceedings or the administration of justice, scandalise the nature of court proceedings or wilfully ignore or disobey court orders. Actions such as ignoring a witness summons and refusing to give evidence, breaching a court order, taking photographs or video recording proceedings without lawful consent and in a recent case heard in Birmingham, fabricating a personal injury claim.
A man received a six-month custodial sentence with no suspension (no possibility to serve the sentence in the community as opposed to in prison) after he made a fictitious claim of £55,000 against the Walsall Council alleging that he slipped, tripped and fell because of a defect in the drop kerb of a pavement near his home. The Council defended the claim on the basis that the defect which he argued had caused his accident was not dangerous and did not fall below the threshold required for repair. During a court hearing evidence was presented showing inconsistencies in his claim in relation to the circumstances that led to his fall, the fact that he had delayed seeking treatment and had claimed for loss of earnings when he was unemployed at the time. This evidence led the court to dismiss his claim and when Walsall Council later investigated and prosecuted him for contempt of court, he admitted all counts of falsifying the claim.
Separate from this and specific to personal injury claims is fundamental dishonesty. This is an argument which can be made by Defendants in a personal injury claim with the aim of either dismissing the claim entirely or arguing that the Defendant should be entitled to enforce the costs it is entitled where it otherwise would not have been entitled to. The argument itself can be used in situations where a claimant has been honest but mistaken, or dishonest about an element which was fundamental to the claim. Recent examples of fundamental dishonesty would be exaggerating the symptoms of an injury, failing to seek prompt medical assistance following an accident or failing to disclose historical or pre-existing medical information which is relevant to the claim. In other words if the dishonesty goes to the root of either the whole claim or a substantial part of it then it is a fundamentally dishonest claim.
Whilst it is clear that making a fraudulent personal injury claim in relation to an accident that never happened is not acceptable, these principles demonstrate that it is important to instruct a solicitor you can build a trusted relationship with and can openly discuss all aspects of the claim and injury. The recent criminal case in Birmingham also demonstrates that Defendants will not tolerate dishonesty of any kind and will work hard to investigate suspected dishonesty or fraud. Even making initial claims and then attempting to backtrack them down the line does not negate the dishonesty and can still lead to severe repercussions. It is vital for us all that those dishonest claims are discovered and dismissed by the court. What it is also important is ensuring that valid claims are not jeopardised. Instructing a solicitor who specialises in injury claims, and can give you clear guidance from the outset of the claim, will help to make sure your claim fully reflects all the areas where the injury has had an impact on your life. It is far better in the long run to have a full discussion about the impact of the injury in terms of your health, care needs and employment, with an honest and comprehensive appraisal of the legal position. A specialist solicitor will advise and guide you to help you to consider all the important issues and factors so that the losses or compensation claimed are valid and substantiated. This helps to achieve the fair and right outcome, while enabling the claim to progress as quickly as possible.
Our PI team is highly experienced in dealing with various types of Personal Injury and Medical Negligence claims including those causing catastrophic injuries. Any claims brought to us are investigated in the first instance so that we can advise you on all aspects of the claim before you are committed to a claim which may not be in your best interest.
For more information and to find out how we can help you, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.