Home / Resources / Paul McGrath, appearing on behalf of UK Insurance Company Ltd, was successful in securing permission to proceed with contempt applications against two Defendants in a judgment containing valuable guidance in respect of the relevant principles and law

Paul McGrath, appearing on behalf of UK Insurance Company Ltd, was successful in securing permission to proceed with contempt applications against two Defendants in a judgment containing valuable guidance in respect of the relevant principles and law

23/01/2024

Paul McGrath appeared on behalf of UK Insurance Company Ltd in pursuing contempt applications against three Defendants and alleging (i) knowingly making false statements contained within witness statements; (ii) knowingly making false statements contained within Claim Notification Forms; (iii) interference with the administration of justice by encouraging others to put forward false evidence and (iv) conspiring with others to put forward false evidence.

The issue before Mr Justice Pepperall was whether permission ought to be granted in respect of the allegations of making false statements (noting that permission is not required in respect of allegations under CPR 81.3(5)(a)). The Court determined that it was appropriate to give permission to proceed with the allegations in respect of two of the Defendants, but not in respect of one of the Defendants.

The Court gave detailed and valuable guidance to the appropriate gateways into contempt applications, the test for permission, the importance of proportionality, the relevance of the issue of prison capacity and the relevance of delay.

The judgment, UK Insurance Company Ltd v (1) Ali (2) Kauser and (3) Tul-Zahara [2024] EWHC 30 (KB), can be found here:

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