Simon McCann’s strike-out of FD case in the national news

Simon McCann represented the Defendant and its insurers in Adan V Premier Foods (insured by QBE) and successfully struck out a £300k claim for being fundamentally dishonest.

The Claimant had a genuine accident at work, and sustained only minor soft tissue injuries but then grossly exaggerated, and even fabricated, his evidence, the Judge found after a 3-day trial. The Claimant had put in a claim for in excess of £300,000 alleging that he needed personal care for over 7 years, was unable to walk without a crutch, could not work, and also needed help with looking after his 2 children both of whom were under the age of 5. The care was said to have been provided by a private company, Capital Homecare UK Ltd, who had produced risk assessments and care logs.

The Judge heard the serious allegations put by Simon at the trial and found them all proved to the criminal (and not just the civil) standard. The allegations included an assertion that the documents had been manufactured for the purposes of the claim. Surveillance evidence showed that the Claimant was not as injured as he claimed, and a careful analysis of the documents proved that the children had not been born when the care was allegedly provided!

The case was struck out pursuant to s57 CJCA, the Defendant obtained an enforceable order for costs, and the Judge recommended that contempt proceedings be initiated against the Claimant, and the 2 witnesses from Capital Homecare UK Ltd. QBE were ordered to refer the papers to the DWP to investigate possible benefit fraud, and the Judge said that she would be sending a transcript of her judgment to the Care Quality Commission.

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