Nottingham University Hospitals NHS Trust v Sven Raymond Bogmer
[2023] EWHC 1724 (KB)
Wye Valley NHS Trust v Sean Murphy
26 July 2024
[2024] EWHC 1912 (KB)
High Court
A man sued a hospital for a lot of money after hurting his arm. He told doctors he couldn't work or play rugby anymore, but secretly, he was doing both! The court used videos and social media posts to show he was lying, finding him guilty of contempt of court.
Key Facts
- •Sean Murphy made a clinical negligence claim for over £200,000 after a rugby injury.
- •He allegedly made false statements to medical experts and in court documents.
- •The true value of his claim was less than 1% of the amount claimed.
- •The court found evidence of Mr. Murphy playing rugby and working after the alleged injury.
- •Mr. Murphy pleaded guilty to falsely claiming inability to play rugby but not guilty to other allegations.
- •The court reviewed video evidence showing Mr. Murphy lifting heavy weights, contradicting his claims of weakness.
Legal Principles
To establish contempt, the court must prove beyond reasonable doubt: (a) the falsity of the statement; (b) interference with the course of justice; (c) lack of honest belief in the statement's truth and knowledge of its likely interference with justice.
AXA Insurance UK plc v Rossiter [2013] EWHC 3805 (QB)
Focus on the most serious aspects of the alleged false statements, rather than every detail.
Calderdale and Huddersfield NHS Foundation Trust v Atwal [2018] EWHC 961 (QB)
Outcomes
The court found Sean Murphy in contempt of court.
Mr. Murphy made false statements to medical experts and in court documents, interfering with the administration of justice. The court considered evidence beyond reasonable doubt, including video evidence of Mr. Murphy engaging in activities he claimed to be unable to perform.