News & Resources

High Court grants permission to commence committal proceedings

18th May 2016

Marcus Grant appeared for Aviva Insurance in obtaining permission to bring committal proceedings arising out of a car crash.

Marcus Grant (instructed by Laura Hardiman of Keoghs LLP) appeared for Aviva Insurance in committal proceedings 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 Aviva asserted the Respondent knew to be untrue. Aviva claimed that the named Respondent had lent his identity to front a claim when someone other than him was driving his car at the time of the accident; further that he advanced a claim for £1,026 in respect of 12 physiotherapy sessions he asserted he had received, substantiated by serving a discharge report from the physiotherapist who allegedly had treated him; Aviva asserted that he had not undergone the treatment and that the documents asserting otherwise were false. Finally, Aviva asserted that the Respondent advanced an account of the accident that he knew to be false in order to substantiate an unfounded claim for damages.

The Respondent appeared in person and denied all of the allegations. Without making any factual findings on the principal issues, Mr Justice Garnham found that Aviva had a strong prima facie case to establish the alleged contempt to the criminal standard of proof, that it was in the public interests that committal proceedings should proceed and that, notwithstanding that this was a low value fast track injury claim in the Doncaster County Court before the respondent discontinued his proceedings, it was proportionate that the claim be permitted to proceed. In making these findings the Judge applied the guidance in Barnes v. Seabrook, South Wales Fire & Rescue and Quinn Insurance v. Altintas.





Related Barristers

Marcus Grant

Marcus Grant
Year of Call: 1993


Close X

Coronavirus Update

TGC continues proactively to safeguard against the risks posed by the spread of Coronavirus. We have a Covid-19 Committee who continue to monitor the situation and follow advice issued by the Government and Public Health England. We will be updating this page as and when new information becomes available. As of 6 July 2020, our London premises, 1 Harcourt Buildings, will be operating with a reduced clerking team in attendance. The remaining staff members and barristers will continue working remotely. We wish to reassure everyone that our contingency plans enable us to continue to provide our services.

Telephoning us

When calling our switchboard number, it will be diverted to a member of the clerking team who will be able to assist in the usual way. All direct dials in Chambers are diverted to be answered remotely.

Emailing us & Sending Instructions

Please send all instructions via email directly to clerks@tgchambers.com. We would be grateful if this could be sent in an orderly fashion to enable working from a screen manageable. We are able to receive hard copy instructions via DX or Post, if necessary. However, we have a preference for electronic documents wherever possible.

Please continue to communicate with barristers directly via phone or email.

Conferences, Joint Settlement Meetings & Mediations

Conferences, meetings and mediations will take place remotely, either by telephone or video until further notice. Group Telephone calls and video calls can be easily arranged. If an in-person meeting is felt necessary please see our Covid-19 Information page for full criteria.

Court Hearings

We are following the Government’s advice closely, which is changing daily. In keeping with that advice, we will continue to service hearings remotely, where possible and as instructed by the hosting Court. In-Person hearings will be accommodated by members of TGC. We will continue to monitor this situation.

Making a payment

If you do not already pay us by BACS, going forward please make arrangements to do so. Please contact the clerks who can supply you with the relevant BACS details.

If you wish to discuss our policy and procedure relating to coronavirus, please do not hesitate to contact our senior clerk Dean Norton on 07535 753098 or dnorton@tgchambers.com.

To learn more visit our Covid-19 Information page.