Royal & Sun Alliance Insurance Plc v Kosky

Royal & Sun Alliance Insurance Plc v Kosky

The insurers failed to establish a strong prima facie case of contempt as the medical reports and records reflected Mrs Kosky's history, the schedule of loss was not signed with a statement of truth, and surveillance evidence was not sufficiently clear-cut to warrant permission for committal proceedings.

Parties
Claimant: Royal & Sun Alliance Insurance plc; Defendant: Shirley Kosky
Jurisdiction
England and Wales
Judgment Date
07 March 2013
Procedural Posture
Application for Permission to Commence Contempt Proceedings / Ruling on Application for Permission
Outcome
Application for permission to commence contempt proceedings refused.
Legal Topics
Contempt of Court, False Statements, Statement of Truth, Personal Injury Claims
Civil Procedure Insurance Law Contempt of Court False Statements Statement of Truth Personal Injury Claims

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Parties

Royal & Sun Alliance Insurance plc

Claimant

Shirley Kosky

Defendant

Procedural Posture

Application for Permission to Commence Contempt Proceedings / Ruling on Application for Permission

Legal Issues

  1. 1 Whether there is a strong prima facie case of contempt of court by Mrs Kosky for causing her solicitors to sign a statement of truth knowing particulars of claim contained false statements
  2. 2 Whether it is in the public interest for committal application to proceed

Ratio Decidendi

The insurers failed to establish a strong prima facie case of contempt as the medical reports and records reflected Mrs Kosky's history, the schedule of loss was not signed with a statement of truth, and surveillance evidence was not sufficiently clear-cut to warrant permission for committal proceedings.

Court Disposition

Application for permission to commence contempt proceedings refused.

Orders

  • Permission to bring proceedings for contempt of court against Mrs Kosky is refused.