Summers (Respondent/Claimant) v Fairclough Homes Ltd
| Jurisdiction | England & Wales |
| Judge | Lord Justice Ward,Lady Justice Smith |
| Judgment Date | 07 October 2010 |
| Neutral Citation | [2010] EWCA Civ 1300 |
| Court | Court of Appeal (Civil Division) |
| Date | 07 October 2010 |
| Docket Number | Case No: B3/2010/1301 |
[2010] EWCA Civ 1300
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM MANCHESTER COUNTY COURT
(His Honour Judge Tetlow)
Before: Lord Justice Ward
and
Lady Justice Smith DBE
Case No: B3/2010/1301
Mr William Norris QC (instructed by Berrymans Lace Mawer) appeared on behalf of the Appellant.
Mr Craig Sephton QC and Mr Hugh Davies (instructed by SAS Daniels Solicitors LLP) appeared on behalf of the Respondent.
Lord Justice Ward:
On 16 April of this year HHJ Tetlow assessed damages in a claim for damages for personal injury in the sum of some £88,000, but he gave permission to appeal to this court.
The application was slightly late but we forgive that and we extend time.
The appellant is the defendant to that claim for damages backed by an insurance company and the concern in a nutshell is this. This claimant was an out-and-out liar, who quite fraudulently exaggerated his claim to a vast extent, but he fooled nobody. His deception had been discovered by the insurers who had kept some surveillance of him and the result is that his fraud prospered him naught.
Mr Norris QC, who appears for the appellant, would take issue with that and would say that his fraud prospered him to the extent of the £88,000, which he in fact recovered, and Mr Norris would wish to argue that fraud as substantial as this merits a condign action by the courts to stamp out this dishonest behaviour, and he submits that the proper course for the judge to have adopted was to strike out this claim in its entirety and give him literally nought, absolutely nothing, even though he had suffered a genuine injury as a result of the admitted negligence of the defendant, nonetheless because he is a liar and a cheat he should get nothing.
The difficulty facing that submission is that it was exactly the submission urged upon this court in the case of Shah v Ul-Haq [2009] EWCA Civ 542 and Mr Norris's slight embarrassment, which he surmounted with great charm and which we accepted with great fortitude, was that the lead judgment in that that was given by Smith LJ, who, having considered exactly the same argument and having had urged upon her the case of Arrow Nominees v Blackledge [2000] 2 BCLC 167, nonetheless concluded that the court had no power to strike out the claim in its entirety, notwithstanding the disgraceful behaviour of the claimants in...
To continue reading
Request your trial
-
Harrington v Gulland Property Finance Ltd No.2
...of the plaintiff that the claim should be struck out for dishonesty or mala fides, and the facts of Summers v. Fairclough Homes [2010] EWCA Civ 1300, where the plaintiff was found to have deliberately exaggerated a claim, are quite different and made in quite a different 46 Having regard t......
-
Summers v Fairclough Homes Ltd
...UKSC 26 before Lord Hope, Deputy President Lord Kerr Lord Clarke Lord Dyson Lord Reed THE SUPREME COURT Trinity Term On appeal from: [2010] EWCA Civ 1300 Appellant William Norris QC James Todd Sadie Crapper (Instructed by Berrymans Lace Mawer LLP) Respondent Craig Sephton QC Hugh Davies (I......
-
Anthony Jonathon Nunns v Howard Mark Rotherham
...Ltd. v Bryson's Shipping1 (2018) ECSC Reports Myrna Norde v Jacqueline Mannix 2015 ECSC Reports Fairclough Homes Limited v Summers [2010] EWCA Civ 1300 Summers v Fairclough Homes Ltd [2012] UKSC 26, [2012] 1 WLR 2004 The Treasure Island Company v Audubon Holdings Limited5 2003 ECSC Repor......