Summers v Fairclough Homes Ltd. [2010] EWCA Civ 1300 (07 October 2010)

Summers v Fairclough Homes Ltd. [2010] EWCA Civ 1300 (07 October 2010)

The Court of Appeal is bound by precedent (Shah v Ul-Haq) that it has no power to strike out a personal injury claim in its entirety for fraudulent exaggeration where genuine injury is admitted; the appeal is dismissed accordingly.

Citation
[2010] EWCA Civ 1300
Parties
Respondent/claimant: Summers; Appellant/defendant: Fairclough Homes Limited
Jurisdiction
England and Wales
Judgment Date
07 October 2010
Procedural Posture
Appeal / Judgment on Appeal From County Court
Outcome
Appeal dismissed; permission to appeal to Supreme Court refused
Legal Topics
Fraudulent Claims, Strike Out Applications, Damages Assessment, Stare Decisis
Civil Procedure Personal Injury Fraudulent Claims Strike Out Applications Damages Assessment Stare Decisis

Case Brief

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Parties

Summers

Respondent/claimant

Fairclough Homes Limited

Appellant/defendant

Procedural Posture

Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether a personal injury claim should be struck out in its entirety due to fraudulent exaggeration by the claimant
  2. 2 Whether the court has the power to strike out a claim for fraud even where some genuine injury is admitted

Ratio Decidendi

The Court of Appeal is bound by precedent (Shah v Ul-Haq) that it has no power to strike out a personal injury claim in its entirety for fraudulent exaggeration where genuine injury is admitted; the appeal is dismissed accordingly.

Court Disposition

Appeal dismissed; permission to appeal to Supreme Court refused

Orders

  • Appeal dismissed
  • Permission to appeal to Supreme Court refused