My weblog on the choice of Ritchie J within the case of thought-about the strategy taken by the Courtroom when a Defendant advances a defence of elementary dishonesty. This weblog summarises the place when a Defendant submits an utility to commit a Claimant’s Litigation Pal for contempt of Courtroom for false statements made in a doc verified by an announcement of fact.

Megan Colley (the Claimant in a medical negligence declare assisted by her Mom and Litigation Pal, Natasha Colley) was born with extreme acetabular dysplasia, a dysfunction of the hip joints. She alleged that with acceptable therapy she would have had regular hip perform and the necessity for surgical joint reconstruction would have been delayed to age 50 or 60 with good mobility preserved till her 80s.

In the course of the course of the medical negligence case, the Defendant disclosed the report of its skilled orthopaedic surgeon. The skilled expressed some doubt in regards to the Claimant’s signs which have been “not simply defined on an anatomical foundation”. The Defendant investigated Megan’s social media postings and shaped the view that they didn’t help the impression given in Megan’s proof. The Defendant obtained covert surveillance proof which, with the social media materials, was disclosed in September 2018. The Defendant amended its case to allege elementary dishonesty within the presentation of Megan’s declare the place a deceptive impression of Megan’s useful capability and an exaggeration of her incapacity had been given.

Topic to the basic dishonesty defence, the Defendant admitted legal responsibility for damages of roughly £65,500. The medical negligence declare was listed for trial in October 2018. The trial was adjourned as a result of an skilled was unavailable and relisted to start out on 5 March 2020.

In the meantime, in August 2019 Megan’s declare was amended and valued at £5.4 million (diminished from an preliminary valuation of £7.3 million). Nonetheless, eight working days earlier than trial, a Discover of Discontinuance was served on Megan’s behalf. No clarification was offered, save that this step had been taken towards authorized recommendation. As Megan was in receipt of authorized assist, the discontinuance prevented the difficulty of elementary dishonesty from being decided by the Courtroom. 

As an alternative, the Defendant pursued committal proceedings towards Mrs Colley and asserted that the essence of the alleged false assertion was to magnify Megan’s incapacity and immobility arising from her hip dysplasia. The Defendant claimed the surveillance video proof confirmed that Megan had “grossly regular” mobility when it comes to strolling, utilizing stairs, and accessing public transport. Statements from academics at Megan’s faculty and faculty indicated that they have been unaware of any particular preparations for Megan.

Mrs Colley stood by her statements. She claimed that Megan achieved the mobility seen within the video proof by elevated use of painkillers and that she had dangerous days in addition to good days. 

The applying to commit Mrs Colley for contempt of Courtroom on grounds of creating knowingly false statements was heard by Mr Justice Bourne.  Upon listening to stay proof from numerous witnesses (together with Megan’s faculty and faculty academics), Bourne J concluded “When all of the proof within the medical negligence declare is taken into account, it’s completely clear that Megan, by herself and with the assistance of Mrs Colley considerably exaggerated the degrees of incapacity which she was experiencing throughout the lifetime of the litigation.”

This exaggeration consisted of statements that Megan “attends faculty in her wheelchair, has a full-time educating assistant who pushes the wheelchair” and “is presently reliant upon using a wheelchair when out of the home”. Bourne J held these statements to be false and “That Mrs Colley knew that they have been false when she made them. I’m positive that they have been knowingly made with a view to rising the worth of Megan’s medical negligence declare and, to the information of Mrs Colley, they thereby interfered with or if continued in would have interfered with the course of justice in a fabric respect”. 

Mrs Colley was discovered responsible of contempt of Courtroom by knowingly making false statements supported by an announcement of fact.

Upon contemplating the suitable penalty Bourne J had in thoughts the steering of Moses LJ in South Wales Hearth and Rescue Service -v- Smith [2021].  That steering included the next warning: “The general public and advisors have to be conscious that, nonetheless straightforward it’s to make false claims, both in relation to legal responsibility or in relation to compensation, if came upon the implications for these tempted to take action might be disastrous. They’re virtually inevitably sooner or later going to result in sentences of imprisonment, which can have the knock-on impact that the lives of these tempted to behave in that method, of each themselves and their households are more likely to be ruined.”

With this in thoughts Bourne J recognized 4 questions he was required to reply: (1) whether or not the contempt is severe {that a} advantageous alone can’t be justified, having concerning to hurt and culpability; (2) whether or not a jail sentence is unavoidable; (3) what’s the shortest time period commensurate with the seriousness of the contempt; and (4) if there’s to be a jail sentence, whether or not it may be suspended.

In answering these questions Bourne J held:

• In respect of questions (1) and (2), the Courts have repeatedly stated that deception of this sort ought to usually result in a jail sentence. This case was severe and sustained and probably concerned substantial sums. He famous “the deception gave materials help to a possible enhance within the declare’s worth which might have been effectively into six figures”. Mrs Colley resisted the contempt utility and subsequently admitted no deception and made no apology. A advantageous alone couldn’t be justified and a custodial sentence was inevitable.
• As for query (3), the shortest potential sentence could be a sentence of 6 months and Mrs Colley could be entitled to be launched after serving half of that time period. The choose famous “A time period of that size could be obligatory, in my judgment, to mark the seriousness of an try of this sort and of its magnitude to deceive the Courtroom.”
• Lastly, query (4), the non-public circumstances of Mrs Colley have been thought-about by Bourne J. He concluded his Judgment stating “Mrs Colley after all made a disastrous resolution to attempt to assist Megan by exaggerating her declare. The background doesn’t excuse that tragic mistake but it surely helps me to grasp it. It additionally appears to be inevitable that custody would have a major dangerous affect on all the household and particularly her son. In the meantime, I settle for that these proceedings, over an extended interval, have already had a extreme affect on Mrs Colley. The shortage of any admissions is profoundly regrettable, and locations her at actual threat of a right away jail time period, however there’s some motive to consider that she can have discovered her lesson, in different phrases, an actual prospect of rehabilitation.”

Bourne J sentenced Mrs Colley to imprisonment for six months, suspended for two years provided that no different contempt of Courtroom is dedicated throughout that point. In passing this sentence he acknowledged “I hope Mrs Colley understands the distinctive nature of this resolution to droop.”

Follow Factors

This case is an effective instance of how severe the Courtroom takes allegations that events to litigation knowingly make false statements in a doc verified by an announcement of fact. Defendants are attuned to potential exaggeration of claims and it’s clear on this case the Defendant’s skilled was at a loss to reconcile the anatomical nature of the Claimant’s harm and the outline of her degree of mobility.

This Judgment is a reminder to these concerned in medical negligence and private harm litigation of the significance to confirm a witness’s account.  An in depth assessment of disclosure (together with social media content material and third get together disclosure) needs to be taken all through the lifetime of the case.

Moreover, warnings needs to be given to purchasers, Litigation Associates and witnesses of the implications of offering false statements in a doc verified by an announcement of fact. Colley isn’t a one off instance; that is a part of a rising physique of case regulation coping with elementary dishonesty and it’ll actually not be the final phrase the Courtroom can have on this topic.

FURTHER INFORMATION

If you want any additional data or recommendation in regards to the subject mentioned on this weblog, please contact  or our .

 

ABOUT THE AUTHOR

 is a Companion within the Medical Negligence and Private Harm apply and has been recognised inside the discipline of medical/medical negligence inside the Chambers UK and Authorized 500 directories.  He’s an individually ranked lawyer for medical negligence inside Chambers UK, A Shopper’s Information to the UK Authorized Occupation.