Kanu v Kashif [2002] EWCA Civ 1620 (30 October 2002)

Kanu v Kashif [2002] EWCA Civ 1620 (30 October 2002)

A claimant who fraudulently conceals earnings from benefit agencies cannot recover damages for loss of those earnings in a personal injury claim; public policy precludes such recovery.

Citation
[2002] EWCA Civ 1620
Parties
Claimant: Amadu Mukhtar Kanu; Defendant: Mr A A Kashif
Jurisdiction
England and Wales
Judgment Date
30 October 2002
Procedural Posture
Civil Appeal / Appeal From High Court, Quantum Only, Permission Limited to Loss of Earnings
Outcome
Appeal dismissed
Legal Topics
Loss of Earnings, Public Policy, Fraud and Benefit Claims
Personal Injury Tort Loss of Earnings Public Policy Fraud and Benefit Claims

Case Brief

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Parties

Amadu Mukhtar Kanu

Claimant

Mr A A Kashif

Defendant

Procedural Posture

Civil Appeal / Appeal From High Court, Quantum Only, Permission Limited to Loss of Earnings

Legal Issues

  1. 1 Whether undisclosed earnings can form the basis for a claim for loss of earnings in personal injury damages
  2. 2 Whether public policy precludes recovery of damages based on fraudulent benefit claims

Ratio Decidendi

A claimant who fraudulently conceals earnings from benefit agencies cannot recover damages for loss of those earnings in a personal injury claim; public policy precludes such recovery.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed