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Edward Hutchin, instructed by Charles Clayton of Clyde & Co on behalf of Aviva, represented the successful insurers at their application for permission to bring committal proceedings against a Claimant after he discontinued his claim.
The Claimant had made substantial claims seeking damages for personal injuries and credit hire, but discontinued them after disclosure of CCTV video footage contradicting his account, and evidence suggesting that his credit hire claim was false. Edward appeared at the subsequent fundamental dishonesty hearing in this case, which confirmed that a fundamental dishonesty finding was appropriate even after discontinuance.
Edward then represented the insurers in committal proceedings against the Claimant in the High Court. At a hearing before Sarah Crowther KC sitting as a judge of the High Court, permission to bring committal proceedings for contempt of court was granted. The judgment covered important issues relating to delay, warnings and public interest in committal applications, the judge finding that although there had been delays in issuing the contempt application, the importance and seriousness of the alleged falsehoods supported the public interest in granting permission to proceed with contempt proceedings.View External Link