Nield & Anor v Loveday & Anor

Nield & Anor v Loveday & Anor

Graham Loveday was found guilty of contempt of court for knowingly making false statements in documents verified by a statement of truth, with the intention of exaggerating his injuries and losses in a personal injury claim, thereby likely interfering with the course of justice. The court found that he read and annotated the documents, was aware of their contents, and knew the statements were false. Susan Loveday admitted contempt on a limited basis, acknowledging she knew certain statements in her witness statement were untrue at the time of signing. The court imposed an immediate custodial sentence on Graham Loveday and a suspended custodial sentence on Susan Loveday, considering their...

Parties
Claimant: Edward Nield; Claimant: Acromas Insurance Company Limited; Defendant: Graham Jeffrey Loveday; Defendant: Susan Loveday
Jurisdiction
England and Wales
Judgment Date
13 July 2011
Procedural Posture
Contempt of Court (civil) / Judgment and Sentencing
Outcome
Graham Loveday: Immediate custodial sentence of 9 months for contempt of court. Susan Loveday: 6 months' imprisonment suspended for 18 months for contempt of court. Costs orders made against both defendants, with costs protection pending means assessment.
Legal Topics
Contempt of Court, False Statements, Insurance Fraud, Sanctions for False Statements, Costs Orders
Civil Procedure Insurance Law Personal Injury Contempt of Court False Statements Insurance Fraud Sanctions for False Statements Costs Orders

Case Brief

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Parties

Edward Nield

Claimant

Acromas Insurance Company Limited

Claimant

Graham Jeffrey Loveday

Defendant

Susan Loveday

Defendant

Procedural Posture

Contempt of Court (civil) / Judgment and Sentencing

Legal Issues

  1. 1 Whether the defendants committed contempt of court by making false statements verified by a statement of truth in civil proceedings.
  2. 2 Whether the false statements were made without honest belief in their truth and likely to interfere with the course of justice.
  3. 3 What is the appropriate sanction for contempt of court in these circumstances.

Ratio Decidendi

Graham Loveday was found guilty of contempt of court for knowingly making false statements in documents verified by a statement of truth, with the intention of exaggerating his injuries and losses in a personal injury claim, thereby likely interfering with the course of justice. The court found that he read and annotated the documents, was aware of their contents, and knew the statements were false. Susan Loveday admitted contempt on a limited basis, acknowledging she knew certain statements in her witness statement were untrue at the time of signing. The court imposed an immediate custodial sentence on Graham Loveday and a suspended custodial sentence on Susan Loveday, considering their...

Court Disposition

Graham Loveday: Immediate custodial sentence of 9 months for contempt of court. Susan Loveday: 6 months' imprisonment suspended for 18 months for contempt of court. Costs orders made against both defendants, with costs protection pending means assessment.

Orders

  • Graham Loveday to serve 9 months' imprisonment for contempt of court, to be released unconditionally after 4.5 months under Section 258 of the Criminal Justice Act 2003.
  • Susan Loveday to serve 6 months' imprisonment, suspended for 18 months, conditional on not committing further contempt of court.