Advantage Insurance Company Limited v Alan Harris
[2024] EWHC 626 (KB)
Haven Insurance Company Limited v Neil Higham
1 December 2023
[2023] EWHC 3472 (KB)
High Court
A man lied about his injuries in a car accident claim to get more money. He was caught, admitted he lied, and would have gone to jail for two months, but because his wife recently died and he's a single dad, the judge let him off with a suspended sentence. Lying about injuries in court is very serious and usually leads to jail time.
Key Facts
- •Haven Insurance Company Limited sued Neil Higham for contempt of court.
- •Higham made two false Statements of Truth in County Court proceedings related to a road traffic accident.
- •The statements falsely claimed injuries preventing work, despite surveillance showing Higham working as a roofer.
- •The fraudulent claim was valued at approximately £75,000.
- •Higham admitted dishonesty.
- •Higham's mitigation included the recent death of his wife and resulting emotional and financial struggles.
- •Higham's son's statement contained inconsistencies.
Legal Principles
Sentencing for contempt of court requires consideration of culpability, foreseeable harm, aggravating/mitigating factors, and admissions.
Court judgment
The custody threshold is ordinarily passed in contempt cases involving false statements in claims.
South Wales Fire & Rescue v. Smith [2011] EWHC 1749 (Admin)
The seriousness of contempt is not diminished by early identification of falsity or a modest claim amount; the sum claimed is relevant.
Liverpool Victoria Insurance v Khan [2019] EWCA Civ 392
Suspension of sentence is usually inappropriate unless there are powerful mitigating factors, such as the contemnor being the sole carer of dependents.
LV v Khan [2019] EWCA Civ 392 and AG v Crosland [2021] UKSC 15
Discount for guilty plea.
Sentencing Council’s Guidance
Maximum sentence for contempt of court is two years imprisonment (Contempt of Court Act 1981, section 14).
Contempt of Court Act 1981, section 14
Outcomes
Three-month prison sentence, reduced to two months due to a guilty plea, suspended for one year.
Serious and persistent dishonesty, but exceptional mitigating circumstances due to the death of Higham's wife and his role as sole carer for his son.