QBE UK Ltd v Hilton [2023] EWHC 2004 (KB) (31 July 2023)

QBE UK Ltd v Hilton [2023] EWHC 2004 (KB) (31 July 2023)

There is a strong prima facie case that the respondent knowingly made false statements and used a forged document in the course of personal injury litigation, and it is in the public interest, proportionate, and in accordance with the overriding objective to permit committal proceedings on all but one ground.

Citation
[2023] EWHC 2004 (KB)
Parties
Claimant: QBE UK Limited; Defendant: Mark Raymond Hilton
Jurisdiction
England and Wales
Judgment Date
31 July 2023
Procedural Posture
Application for Permission to Commence Committal Proceedings / Permission Hearing
Outcome
Permission granted for committal proceedings on all grounds except ground 17.
Legal Topics
Committal for Contempt, Fundamental Dishonesty, Personal Injury Fraud, False Statements, Forged Documents
Civil Procedure Contempt of Court Committal for Contempt Fundamental Dishonesty Personal Injury Fraud False Statements Forged Documents

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Parties

QBE UK Limited

Claimant

Mark Raymond Hilton

Defendant

Procedural Posture

Application for Permission to Commence Committal Proceedings / Permission Hearing

Legal Issues

  1. 1 Whether there is a strong prima facie case for committal for contempt against the respondent for making false statements and using forged documents in personal injury proceedings
  2. 2 Whether the public interest, proportionality, and overriding objective require committal proceedings to be brought

Ratio Decidendi

There is a strong prima facie case that the respondent knowingly made false statements and used a forged document in the course of personal injury litigation, and it is in the public interest, proportionate, and in accordance with the overriding objective to permit committal proceedings on all but one ground.

Court Disposition

Permission granted for committal proceedings on all grounds except ground 17.

Orders

  • Respondent to make admissions within 7 days of judgment.
  • Parties to liaise with the court for penalty hearing date.