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Litigation Letter

Exaggeration of injuries

Kirk v Walton [2008] EWHC 1780

The claimant alleged that she was severely disabled after a minor road traffic accident and claimed over £800,000 damages. The defendant obtained video evidence showing the claimant going about her daily life with no apparent disability as a result of which the claim was settled. The defendant was granted permission to bring proceedings against the claimant for contempt of court in making false statements without an honest belief in their truth. The fact that the action had been settled did not extinguish the claim for contempt. It would be disproportionate and contrary to the interest of justice to require a party to keep a substantive litigation going while they pursue a claim for contempt.

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