PI Brief Update

Immediate term of 10 months’ imprisonment imposed on fraudulent claimant - Nancy Kelehar, Temple Garden Chambers

12/12/23. QBE UK Ltd v Hilton [2023] EWHC 2931 (KB)

Date of Judgment: 17/11/2023

The Fraudulent Claim

The Claimant brought a claim in relation to an accident at work on 15 July 2015. Ultimately, the claim was pleaded at over £600,000. Following the Claimant’s non-compliance with various court orders, his claim was struck out. The Defendant sought permission to bring contempt proceedings against the Claimant on the basis that he had made fraudulent statements, forged documents, and grossly exaggerated his injuries. The Defendant presented compelling evidence, including surveillance evidence. As a result, the Claimant ultimately admitted that he was in contempt of court in respect of 20 charges.

Judgment on Sentence

At this hearing, Mr Justice Constable heard submissions from both sides on the appropriate sanction. The judge observed that the Defendant’s interest in deterring other fraudulent claims was an “entirely legitimate” one and there was also a wider public interest in deterring such claims which lead to increased insurance premiums [7].

Under section 14(1) of the Contempt of Court Act 1981, the maximum term of imprisonment that the court could have ordered is two years. The judge referred to the authorities which emphasise the seriousness with which the court treats the bringing of false or falsely exaggerated personal injury claims. The Claimant’s representative accepted that the custody threshold had been passed in this case.

Aggravating & Mitigating Factors

The court described the conduct as a “very serious” act of contempt [15]. The following factors were taken into consideration [16-20]...

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