Jonathan Scriven reviews Kirk v Walton
In Kirk v Walton [2009] EWHC 703 QB, All ER (D) 70 (Apr) Mrs Kirk issued proceedings in 2004 after sustaining injuries in a road traffic accident on 14 September 2001. Kirk claimed that as a result of her accident she had developed fibromyalgia which resulted in a significant and long-term disability—Kirk complained of difficulty walking, climbing stairs and of occasionally being bedridden. Kirk's pleaded case was in excess of £750,000 and in support of her claim she served a number of documents verified by statements of truth which dealt with the nature and extent of her injuries and disabilities.
Liability was conceded by the defendant's insurers although they had clear doubts as to the genuineness of the claimant's injuries and believed that she was exaggerating both her disability and her consequential claim for damages. The defendant's insurer's paid £25,000 into court in February 2005 and obtained surveillance evidence which showed Kirk driving, walking, standing and carrying shopping in an entirely ordinary manner with no apparent disability or pain.
Following disclosure of the
