Case

Nield & Acromas v. Loveday & Loveday – (Fraud)

13/11/2011

Practice Areas

Civil Fraud

Cases Citation

[2011] EWHC 2324 (Admin)

Dishonest injury litigant committed to prison for contempt of Court

Marcus Grant appeared for the Insurer in the first contested committal action in the Divisional Court for contempt of court in respect of signing a statement of truth on one or more documents that the signatories knew to be untrue in such a way as likely to interfere with the course of justice in a County Court. Mr. Loveday brought an exaggerated claim for damages. The exaggeration was dishonest. His wife supported his dishonest claim. Acromas Insurance proved the dishonesty to the criminal standard of proof against Mr. Loveday in a 2-day contested committal action. Mrs. Loveday admitted the contempt. Mr. Loveday was sentenced to 9 months imprisonment and was taken to Pentonville Prison at the conclusion of the trial. Mrs. Loveday was given a 6 month sentence, suspended for 18 months. Both were ordered to pay Acromas’ costs of bringing the committal action. Sir Anthony May and Mr. Justice Keith delivered a detailed judgment that provides guidance for the profession in this emerging area of jurisprudence.


Related Barristers


Marcus Grant

Marcus Grant
Year of Call: 1993