Liverpool Victoria v. Thumber – (Fraud)


Practice Areas

Civil Fraud

Cases Citation

[2014] EWHC 3051 (QB) Bean J

Dishonest injury litigant committed to prison for contempt of Court

Marcus Grant (instructed By Gareth Berry of Keoghs LLP) appeared for the Liverpool Victoria Insurance Company in a committal action in the Queen’s Bench Division for contempt of court in respect of signing a statement of truth on one or more documents in County Court proceedings that he knew to be untrue in such a way as likely to interfere with the course of justice. Mr. Thumber failed to attend the committal hearing, instead sending his brother to Court with a doctor’s certificate diagnosing depression. Mr. Thumber, represented below by Armstrong’s Solicitors in Liverpool brought a claim for £130,000 in credit hire charges after his Audi, worth c. £6,500, was allegedly written off as a result of Liverpool Victoria’s Insured driver. Liverpool Victoria defeated his claim below relying on forensic engineering evidence demonstrating damage inconsistency between the vehicles allegedly involved in the collision and also relied on database evidence to demonstrate a link between the alleged drivers. Mr. Thumber discontinued his claim on 1 May 2013 after his Counsel had opened the case. Liverpool Victoria sought, and obtained permission to bring committal proceedings. Mr. Justice Bean considered the committal papers and found that the original alleged accident was ‘contrived’ and that the Claimant was attempting to obtain pecuniary advantage through perjured evidence. The Court found the contempt proved in Mr. Thumber’s absence, and sentenced him to 12 months in prison. He was subsequently arrested in Wolverhampton and imprisoned in Pentonville.

Related Barristers

Marcus Grant

Marcus Grant
Year of Call: 1993