Friday 19 October 2012

An End To Compo Culture At Last?

Mrs Fari said she was due £740,000 for an injury so severe she needed on-going care. The judge said the figure was nearer £1,500 for a minor injury that would cause her three months’ discomfort.
Ouch! It gets worse…
Undercover surveillance was carried out and it was discovered that Ms Fari had a pre-existing deformity in her knee. The judge was so angry she now faces the prospect of prosecution for contempt of court and a prison sentence.
This is because of a recent landmark case, which – hopefully – could well spell the end to the notorious compo culture:
Judge Christopher Mitchell struck out her entire claim for damages at Central London county court so she will not get a penny. He said she had attempted to deceive his court by wildly overstating the suffering caused and that the scale of exaggeration involved in her claim amounted to an abuse of process.
He has referred the case to the High Court which may allow contempt of court proceedings to be brought against Ms Fari.
And, if the defendant’s lawyers have anything to say about it, that’s just the start:
Jennifer Harris, a solicitor at Plexus Law who represented Homes for Haringey, said the judge’s verdict should be a warning to other potential fraudsters seeking to make exaggerated compensation claims.
She said: “This is a significant success in the fight against fraudulent and exaggerated claims and sends a strong message that genuinely injured claimants and their representatives should not attempt to exaggerate the extent of injuries.
“This is one of the first cases to follow the principles established in Summers v Fairclough Homes and confirms that a grossly exaggerated claim can amount to an abuse of process significant enough to warrant striking out in its entirety a claimant’s case.”
Of course, there’s outrage on the part of the claimant, strangely only articulated by her mother. Perhaps she herself is a bit too busy with her huge brood to comment...
Ms Fari’s mother defended her daughter, telling the Standard she had told the truth about the extent of her injuries.
Speaking at the family home in Haringey she said: “My daughter told the truth in court and was made to look a liar. It is disgusting, there has been no justice, she does not deserve this.”
If not her, who?
Ms Fari has 21 days to appeal against the judge’s decision. If she fails to do so, or if her appeal fails, the Attorney General can opt to prosecute her for contempt of court.
If he decides not to, lawyers for Homes for Haringey are expected to bring their own High Court action.
*orders popcorn*


Longrider said...

Good. Perhaps we can see more such decisions.

Mrs L and I fought off one of these following a minor motoring accident. In the end, we informed Mrs L's insurers that the claim was fraudulent. They didn't pay up and that was the end of it. A prosecution would have been nice, though.

Twenty_Rothmans said...

"Ms Fari had a pre-existing deformity"

I think that goes without saying.

Tatty said...

Excellent...please extend to ALL false claims...including rape. Such women shame the entire sex :/

Woman on a Raft said...

For your files

JuliaM said...

"Good. Perhaps we can see more such decisions."

Yes, they are long, long overdue.

"For your files"

GAH!!!! *throws stapler across room* :/

SadButMadLad said...

So she was a mother of 13 and on benefits. Not many people want to have so many babies. Where does she come from? Jamaica. That explains a lot. I know, I know generalisations and stereotyping, but you get my drift. And she's a grandmother to 14 children. So her current lot aren't youngsters so no reason not to lock her up.

And to top it all she also complains of depression following the trip. And she's so diabetic that she can't have an operation to fix her knee 'cause she might die on the table. The problem is that excuse has been blown out of the water for diabetics a long time ago. Everyone has a chance of dying on the operating table, it's just a small risk.