Anastasia Karseras reports on “obvious” dangers & fraudulent claims
In Anita Shah v (1) Wasim Ul-Haq (2) Samara Khatoon (3) Zahida Parveen [2009] EWCA Civ 542, [2009] All ER (D) 71 (Jun), the Court of Appeal considered whether it is possible under CPR3.4(2) or at all, to strike out a genuine claim on the ground that the claimant has been involved in a fraud upon the court in respect of an associated claim.
In May 2006 the defendant had negligently driven her vehicle into the rear of a vehicle which was stationary in front of her at traffic lights.
The stationary vehicle was owned by the driver Mr Ul-Haq and it was common ground that his wife and two children were in the vehicle with him at the time of the accident. When the action was begun the defendant admitted liability for causing the collision.
In addition to a claim for damage to the car Mr Ul-Haq and his wife claimed that he had suffered minor whiplash injuries. A claim was also made by Mrs Samara Khatoon, Mr Ul-Haq’s mother, who
