The truth, the whole truth, and nothing but the truth

Compensation for personal injury is a restorative remedy, the purpose of which is to put the injured party back in the position they were (as far as money can), before the injury occurred. Injured people who recover compensation are not ‘benefiting’, or being put in a better position.

Compensation should not be awarded to an individual who has staged an accident, lied about being involved and injured in an accident, or lied about the cause of the accident.

truth-whole-truth

The majority of Claimants in personal injury cases are, of course, 100% genuine. They tell the story exactly how it happened, and do not fake or exaggerate their injuries.

However, in a very small number of cases, Claimants have been known to make a dishonest claim.

It has recently been reported that a Claimant began a damages claim against a local council, claiming to have been injured through slipping on an uneven kerbstone, but was later found to have made false statements to support a fraudulent claim.

The Claimant abandoned the claim after a Facebook post and contemporaneous hospital records, which said he slipped on ice after an evening out drinking with friends, were revealed.

The Council brought contempt proceedings after it saw the Claimant’s Facebook post saying “alcohol and icy roads don’t mix!”. The Claimant later maintained that black ice may have contributed to his fall but the cause of the accident was still a defect on the footpath.

A High Court Judge said that the Claimant knew the truth all along and made false statements to support a fraudulent claim, and imposed a 12 month jail sentence, suspended for 2 years.

Two of the Claimant’s friends were also found to be in contempt for giving false statements to corroborate his story. They were each jailed for 6 months, suspended for 12 months, for what the judge called a misguided attempt to help their friend, from which they gained no personal benefit.

The judge said that it was not a calculated offence, but an unsophisticated opportunistic claim.

The whole truth of the matter is that, as we advise to all clients… honesty is always the best policy!

 

Share

Emily Phelan

Paralegal, Dispute Resolution

Prior to joining Hart Brown in 2015 Emily worked for a niche personal injury and clinical negligence firm based in Hampshire. Before that she spent...

Paralegal, Dispute Resolution

Emily Phelan

Prior to joining Hart Brown in 2015 Emily worked for a niche personal injury and clinical negligence firm based in Hampshire. Before that she spent two and a half years working in London with a national firm. In a previous life she was a senior property negotiator with a nationwide firm of estate agents.

She is currently studying for her ILEX level 3 professional diploma in law and practice.

And outside work …

What are your interests outside work?
Cooking & home baking (especially cakes and deserts), musical theatre and travel.

What is your favourite travel destination?
The Far East. I recently went to Malaysia and it was the best experience!

If you had not become a lawyer what would you have done?
I’m quite creative and so quite possibly something involving arts and crafts.

Head Office

Resolution House
Riverview
Walnut Tree Close
Guildford
Surrey
GU1 4UX

Your Local Office

Guildford - 01483 887766
Cobham - 01932 576789
Cranleigh - 01483 887515
Godalming - 01483 887766
Woking - 01483 887766

Hart Brown Solicitors is the trading name of Hart Brown LLP registered in England and Wales No. OC 425835 whose registered office is Resolution House, Riverview, Walnut Tree Close, Guildford, GU1 4UX and is authorised and regulated by the Solicitors Regulation Authority (SRA) No. 658593. Members: N Maud, T Pearce, D Knapp, R Campbell and P Grimwood, Partners: J Crosby, L Harrhy, J Jupp, J Lamont, T Mandelli, V McMurtrie, E Moore, S Osborne, S Powell and G Sanders.

Any reference to a partner in relation to Hart Brown LLP means a member or an employee with the title of Partner of Hart Brown LLP.

© Copyright Hart Brown LLP 2019 - All Rights Reserved. VAT registration no. 211372705