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(1) Edward William Nield (2) Acromas Insurance Co Ltd v (1) Graham Jeffrey Loveday (2) Susan Loveday, DC, 13/07/11


A Claimant who had verified his statement of claim and witness statement with a statement of truth that he knew to be false was jailed for 9 months. His wife who had also verified false statements in support of his claim was given a suspended prison sentence of 6 months.

The Claimant had originally brought proceedings for personal injury following an RTA, claiming that as a result of the accident he could not work or drive, was often reliant on a wheelchair, had difficulty walking and coping with stairs and required assistance from his wife. The Defendant adduced surveillance footage from a private investigator which appeared to show he was far more active and able than his claim suggested. The action was therefore settled for significantly less than he had claimed and he agreed to pay the Dâ۪s costs. Contempt proceedings were subsequently brought by D. It was held that the C was guilty of contempt of court. His evidence that he had not read what he had signed was untrue and must have known that his false claims were likely to interfere with the interests of justice. His wife was given some credit in that she had admitted her contempt, however even in his oral evidence the C had attempted to continue with various fabrications.