South Wales Fire & Rescue v. Smith – (Fraud)


Practice Areas

Civil Fraud

Cases Citation

[2011] EWHC 1749 (Admin)

Dishonest injury litigant receives suspended prison sentence for contempt of Court

Marcus Grant appeared for a Public Body in the first 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. Smith failed to disclose that he was working part time as a taxi driver for a period when he was claiming loss of earnings because of injury from the South Wales Fire & Rescue. Moses LJ provided guidance to the profession that normally: “Those who make such false claims if caught should expect to go to prison. There is no other way to underline the gravity of the conduct”. In Mr. Smith’s case an exception was made because there was a 3-year delay between his contempt and bringing the matter to a final conclusion. Also he admitted his contempt. He was given a 12 month prison sentence, suspended for 2 years.

Related Barristers

Marcus Grant

Marcus Grant
Year of Call: 1993