Michael Brace analyses the power to strike out fraudulent claims at trial
In Fairclough Homes Ltd v Summers [2012] UKSC 26, [2012] All ER (D) 179 (Jun), the respondent suffered serious hand and leg fractures in an accident at work in May 2003. In August 2007, the county court entered judgment for the respondent on liability with damages to be assessed. Undercover surveillance between October 2007 and September 2008 revealed him to have grossly exaggerated the effect of his injuries and his inability to work. The respondent’s initial schedule of loss claimed damages of £838,616.
Revised schedule of loss
After disclosure of the surveillance evidence, the schedule of loss was revised downwards to approximately £250,000. At the trial on damages the judge found there was no doubt that the respondent had suffered serious fractures requiring at least two operations. However, he also held that the respondent had deliberately lied about ongoing symptoms in and after March 2007. The judge restricted the loss of earnings claim to June 2007 and in addition made awards in respect of general damages and care and assistance.
