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  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.