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Toby Coupe and Keoghs successfully defend fraudulent claim and have the papers referred to the DPP

Date:

18th October 2011

Team:

Civil, Civil Fraud.

Toby Coupe instructed by Keoghs (Bolton) successfully defended a claim brought by D (a minor) for personal injury and associated losses arising out of a road traffic accident said to have occurred on the 22 March 2010.

HHJ Brown QC, sitting in the Birmingham County Court on the 12 October 2011, dismissed the claim having heard and rejected the oral evidence of the claimant, her mother, her father and her brother all of whom claimed to have been present within the vehicle at the time of the alleged accident.  The claims of the family members for personal injury and associated losses (including a substantial claim for hire, recovery, storage and vehicle damages) remained in abeyance pending the outcome of this claim.

HHJ Brown QC concluded that in his judgment there was an “irresistible inference that the First Defendant either did not exist or was involved in making fraudulent claims” and that the alleged index accident had likely not occurred at all. The Judge went on to assess costs on the indemnity basis having earlier stated that he intended to refer the papers to the Director of Public Prosecutions.