Northern Lincolnshire & Goole NHS Foundation Trust v Kae Burnell-Chambers & Anor
[2024] EWHC 1901 (KB)
QBE UK Limited v Mark Raymond Hilton
31 July 2023
[2023] EWHC 2004 (KB)
High Court
A man made a big injury claim, but secretly he wasn't as injured as he said. Secret videos showed him doing things he claimed he couldn't. The court decided to have a hearing to see if he should be punished for lying.
Key Facts
- •QBE UK Limited applied for permission to commence committal proceedings against Mark Raymond Hilton for alleged contempt of court.
- •Hilton made a substantial personal injury claim (£600,000+) following a work accident.
- •QBE alleged Hilton made fraudulent statements and forged documents to exaggerate his injuries.
- •Hilton's claim was struck out due to non-compliance with court orders and dishonesty.
- •Surveillance evidence showed Hilton engaging in activities inconsistent with his claimed limitations.
- •Hilton allegedly forged his daughter's birth certificate to support his false statements.
- •Hilton conceded to some allegations of contempt.
Legal Principles
On an application for permission to make a committal application, the court considers whether proceedings should be brought to establish whether a contempt of court has been committed, not whether it has.
White Book at 81.3.11
To succeed in an allegation of contempt, it must be shown that the contemnor knew their statement was false and likely to interfere with the course of justice. The burden of proof is on the alleging party, beyond reasonable doubt.
Stobart Group Ltd v Elliot [2014] EWCA 564, CA; Edward Nield v. Loveday [2011] EWHC 2324 (Admin); Berry Piling Systems Limited v. Sheer Projects Limited [2013] EWHC 347 (TCC)
Permission for committal proceedings should only be granted if there's a strong prima facie case, it's in the public interest, it's proportionate, and it aligns with the overriding objective.
Stobart Group Ltd v Elliot [2014] EWCA 564, CA; Malgar Limited v. RE Leach (Engineering) Limited [1999] EWHC 843 (Ch); Kirk v. Walton [2008] EWHC 1780 (QB); Berry Piling Systems Limited v. Sheer Projects Limited [2013] EWHC 347 (TCC)
The court must exercise caution before granting permission for committal proceedings, considering the public interest and guarding against vindictive litigation.
KJM Superbikes Limited v Hinton [2009] 1 WLR 2406
False personal injury claims are treated as particularly serious contempts.
South Wales Fire & Rescue v Smith [2011] EWHC 1749; Havering v Bowyer [2012] EWHC 2237 (Admin)
Permission in respect of each ground of committal must be considered separately.
Patel v Patel [2017] EWHC 1588
Outcomes
Permission granted for committal proceedings on all grounds except ground 17.
A strong prima facie case exists for each ground; it's in the public interest to proceed; the evidence, including surveillance footage, supports the allegations.
Hilton to admit to allegations within 7 days.
Hilton's counsel conceded to several grounds and indicated an intention to admit others.