Shah v Ul-Haq and Others: CA 9 Jun 2009

The defendant appealed against a refusal to strike out the claimant’s action saying that the claimant had been involved in a fraud upon the court in an earlier associated claim.
Held: The Rule gave no power to strike out a claim on such a basis. The dishonest assertion of a claim by a co-claimant did not prevent recovery of the sums properly due to a claimant. This applied even if the court had found that the claimant had dishonestly supported the fraudulent claim. The only exception lay in insurance claims. Where necessary, a court could show its disapproval of a party’s behaviour by awards of costs. It could not do so by preventing a proper claim.

Smith, Moses Touson LJJ
[2009] RTR 27, [2010] WLR 616, [2009] CP Rep 39, [2010] 1 All ER 73, [2010] 1 WLR 616, [2009] EWCA Civ 542
Bailii, Times
Civil Procedure Rules 3.492)
England and Wales
CitedArrow Nominees Inc and Another v Blackledge and Others CA 22-Jun-2000
A petition had been lodged alleging unfair prejudice in the conduct of the company’s affairs. The defendants alleged that when applying for relief under section 459, the claimants had attempted to pervert the course of justice by producing forged or . .
CitedAXA General Insurance Limited v Gottlieb CA 11-Feb-2005
The defendant made a claim under an insurance policy. The insurer made an interim payment, but then asserted that the claim was fraudulent, and sought recovery of the interim payment.
Held: At common law, fraud in an insurance claim, once . .
Appeal fromUl-Haq and others v Shah QBD 31-Jul-2008
After a car crash claims were settled for some claims but the defendant said that one claimant had not been in the car at the time. . .

Cited by:
CitedWidlake v BAA Ltd CA 23-Nov-2009
The claimant had succeeded in her action for personal injuries, but now appealed against the awarding of costs to the defendant. The dispute had been substantialy as to the nature and effect of her injuries. She had not disclosed earlier injury to . .
BindingSummers v Fairclough Homes Ltd CA 7-Oct-2010
The claimant was said to have fraudulently exaggerated the damages associated with a valid personal injury claim. The defendant argued that the claim should be struck out entirely as a punishment.
Held: The defendant’s appeal failed. The Court . .
CitedFairclough Homes Ltd v Summers SC 27-Jun-2012
The respondent had made a personal injury claim, but had then been discovered to have wildly and dishonestly exaggerated the damages claim. The defendant argued that the court should hand down some condign form of punishment, and appealed against . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, Civil Procedure Rules

Updated: 10 November 2021; Ref: scu.346803