Legal
High Court Sends A Warning to Dishonest Claimants!
Thinking of lying in your court claim? Think Again!
The High Court recently illustrated how serious of a crime dishonesty is, after dismissing a claim in which an injured motorcyclist had lied to pursue their insurer for £6.6 million in compensation, with a costs order of £150,000 being ordered against him.
Matthew Shaw had suffered a motorcycle accident in Stockport in 2018. He suffered multiple fractures in his arms and legs and spent over a month in hospital, whilst undergoing 23 surgical procedures.
He had issued a claim in July 2019 seeking £6.5 million plus costs of future aid and equipment from Insurers, Hastings Direct.
Shaw had claimed that he could only walk up to 200 metres without using a stick and he required a mobility scooter for longer trips. He also claimed he had difficulty standing for more than 10 minutes and needed two handrails to climb the stairs.
In September 2020, Shaw made an interim payment request by letter, seeking £1.5m to fund continued rehabilitation, single-storey accommodation in an affluent area and a Land Rover Discovery or Mercedes GLE.
However, Hastings Direct had obtained surveillance footage which exposed Shaw walking 900 metres without a stick, prompting their legal representatives to issue a warning email, asking him to re-consider his claim or withdraw his application for interim payment.
Shaw decided to double down and continue with the application, subsequently being filmed walking without any aid, shopping using a mountain bike and driving an SUV. Further investigations had discovered he was also cleared fit for base-jumping and a skydive in Italy!
Due to his dishonesty, the High Court had found Shaw to be fundamentally dishonest and ordered him to repay interim payments amounting to £150,000, despite having a legitimate case worth £1.2million.
Judge Sephton KC said that Shaw’s claim probably would have settled if he was honest. Instead, Shaw would now have to rely on state support for his ongoing treatment and accepted that the dismissal of his claim would leave him in a ‘parlous’ financial position, but that this decision ‘would not inflict substantial injustice’.
Shah Al Hoque, Trainee Solicitor in our Dispute Resolution team, said:
“This is the largest case to date to be dismissed for a claimant’s dishonesty, showing just how seriously courts treat deceit in personal injury claims. The High Court judgment sets a precedent for all future claims and acts as a warning to those who may even consider being dishonest in their claim. The judgment also establishes the costs orders that arise because of a person’s dishonesty. Claimants (and Defendants) should think twice before deciding to act dishonestly, as the repercussions could be detrimental with consequences that could last indefinitely on a person’s financial conditions.
Should you require assistance in pursuing a personal injury claim against another party, Mullis & Peake’s Dispute Resolution team are here to assist. With countless years of experience, the team will work with you to prepare your claim to the courts, whilst guiding you through the process from the beginning of the claim, towards a beneficial settlement, or to the end of trial.”