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Daily Insurance Industry News
Monday 11th of December 2017
April 7, 2011

New case law in fraudulent whiplash prosecution

by Gill Montia

Story link: New case law in fraudulent whiplash prosecution

esure is claiming a legal victory having secured a custodial sentence for a Mr Shah in Bradford High Court.

Mr Shah was one of many car accident claimants who presented themselves to hospitals and GPs with apparent whiplash injuries, during 2008/9.

Between them, they were claiming damages for injuries costing around £400,000.

esure subsequently found many of the claims to be completely fabricated and some claimants then retracted their stories.

However, Mr Shah chose to pursue his claim and eventually esure took a contempt of court action because Mr Shah had lied about his evidence to the court.

On 14th March, Judge Shaun Spencer QC sentenced Mr Shah to nine months in prison, reduced to six months, stressing that while Mr Shah was not the organiser of the fraud he was a “foot soldier” in a professional organised enterprise and accordingly received a substantial custodial sentence.

esure’s head of financial crime, Matt Gilham, comments: “We believe we may have created new case law by using contempt of court to seal a prosecution.”

esure was represented in the case by law firm Horwich Farrelly.

 

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