piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

More lies and exaggeration....

 

Since the birth of the piBlawg a number of posts have related to fraud and an apparent increase in applications for committal following findings of exaggeration and fraud.

Continuing with the theme, the case of Lane v Shah [2011] was reported on Lawtel on Wednesday 5 October 2011. The First Respondent (the Claimant in the underlying action) had sought damages for personal injuries following a road traffic accident. The driver (the Defendant in the underlying action) and his insurers applied for committal proceedings against the First Respondent and her husband and daughter. It was found that the Claimant had signed a schedule of loss and witness statement with a statement of truth, in circumstances where parts of those documents were false. The husband and daughter had provided statement verifying the content of those documents.

The First Respondent was sentenced to six months imprisonment and her husband and daughter were each sentenced to three months imprisonment.

The Claimant contented that it was a mitigating factor that she had not been initially advised about the consequences of signing a statement of truth attached to false information. Interestingly, Laws LJ and Simon J held that signing a document known to be false without such advice was an aggravating factor, as opposed to a mitigating factor.

The full judgment has not yet been uploaded onto Lawtel but it will be interesting to read the reasoning for this conclusion. Watch this space for the full judgment.

 

 

 

 

Comments (2) -

  • Emily

    10/9/2011 2:05:36 PM |

    Hi, the mitigating/aggravating thing was, if I remember rightly, that the defendant (original claimant) had said that her solicitor did not advise her re implications of a statement of truth. That was not believed by Laws LJ. Trying to blame her solicitor in that way was the aggravating factor. I'll have to read the judgment when it comes out to double check though!

  • ljohnson

    10/12/2011 12:15:09 PM |

    Thanks Emily.  That's useful to know.  We will await publication of the full judgment with interest.  

  • dream multimedia

    10/15/2011 8:20:13 AM |

    There are certainly a lot of details like that to take into consideration. That is a great point to bring up. I offer the thoughts above as general inspiration but clearly there are questions like the one you bring up where the most important thing will be working in honest good faith. I don?t know if best practices have emerged around things like that, but I am sure that your job is clearly identified as a fair game. Both boys and girls feel the impact of just a moment’s pleasure, for the rest of their lives.

  • Ewa Network

    10/19/2011 2:37:05 AM |

    It exists as a network and focus for sharing information and discussion, to advocate for the support of independent.

Comments are closed