Claimant Ms Swift has been found to be fundamentally dishonest in the claim she brought against Allianz Commercial relating to a fall which resulted in a broken ankle. The fall and injury were not contested – rather the circumstances in which they had happened. She was found not to have fallen outside her home, as detailed in the claim.

Ms Swift’s claim detailed that she had tripped outside of her home and was supported by photographs of a defect on the pavement. The claim was for around £100,000 in damages and legal costs of approximately £50,000.

Although the claim was initially accepted, a subsequent review of the claimant’s medical records revealed a reference to falling over a laundry basket and losing her footing in a variety of circumstances which were not consistent with the claim.

The judge ruled the claim was “fundamentally dishonest” and disapplied qualified one-way cost shifting so that the defendant will be entitled to enforce its costs of up to £19,000.

William Stobart, solicitor with DWF, said: "This is a significant judgment for casualty insurance teams and those who work with them to prevent fraudulent claims. It is important to appreciate that fraud does not only encompass exaggerated injuries, but also claims where a claimant fraudulently tries to misrepresent circumstances that could give rise to a claim."

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