Key Facts
- •Alan Harris made a false personal injury claim against Advantage Insurance Company Limited.
- •The claim, arising from a minor car accident, alleged whiplash injuries.
- •Harris's claim was dismissed as fundamentally dishonest by the County Court.
- •Advantage brought committal proceedings against Harris for contempt of court.
- •Three grounds of contempt were alleged: false statements in a Claim Notification Form (CNF), Particulars of Claim, and witness statement.
- •Harris initially represented himself, later obtaining legal representation.
- •The High Court found Harris guilty of contempt on all three grounds.
- •The court considered whether a custodial sentence was justified, given the guidance in Liverpool Victoria Insurance Co Ltd v Khan.
Legal Principles
For contempt, the court must prove beyond reasonable doubt: (a) falsity of statement; (b) likelihood of interfering with justice; (c) lack of honest belief and knowledge of likelihood to interfere.
Axa Insurance UK plc v Rossiter [2013] EWHC 3805 (QB)
Deliberate or reckless false statements in documents verified by a statement of truth usually meet the custody threshold for contempt.
Liverpool Victoria Insurance Co Ltd v Khan [2019] EWCA Civ 392
A false statement in a CNF (Claim Notification Form) can support a finding of contempt, even before proceedings are commenced.
Jet 2 Holidays Limited v Hughes [2019] EWCA Civ 1858
The court must consider whether a fine is sufficient before imposing a custodial sentence for contempt.
Attorney-General v Crosland [2021] UKSC 15
Outcomes
Harris found guilty of contempt of court on all three grounds.
Harris failed to challenge the evidence and admitted making false statements.
Fine of £3000 imposed, payable within 6 months.
The court considered the Khan guidance but found this to be an exceptional case due to Harris's naivety, remorse, and the fact that he had already faced adverse costs; a custodial sentence was deemed unnecessary.