Woman facing jail over £740,000 claim for knee hurt in pavement trip

 
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It should have been an open and shut case after Barbara Fari tripped on a paving stone in, ironically, Lightfoot Road.

The pavement was uneven and she had hurt her knee. Homes for Haringey, the council’s housing organisation, admitted liability and offered to settle.

But here the two sides parted. Mrs Fari said she was due £740,000 for an injury so severe she needed on-going care. The judge said the figure was nearer £1,500 for a minor injury that would cause her three months’ discomfort.

Undercover surveillance was carried out and it was discovered that Ms Fari had a pre-existing deformity in her knee. The judge was so angry she now faces the prospect of prosecution for contempt of court and a prison sentence.

Judge Christopher Mitchell struck out her entire claim for damages at Central London county court so she will not get a penny. He said she had attempted to deceive his court by wildly overstating the suffering caused and that the scale of exaggeration involved in her claim amounted to an abuse of process.

He has referred the case to the High Court which may allow contempt of court proceedings to be brought against Ms Fari.

The decision to reject her bid for damages follows a landmark Supreme Court ruling in another case, Summers v Fairclough Homes, which gave the go-ahead for judges to throw out the legitimate part of a claim if it was “tainted by fraud and abuse of process”.

Jennifer Harris, a solicitor at Plexus Law who represented Homes for Haringey, said the judge’s verdict should be a warning to other potential fraudsters seeking to make exaggerated compensation claims. She said: “This is a significant success in the fight against fraudulent and exaggerated claims and sends a strong message that genuinely injured claimants and their representatives should not attempt to exaggerate the extent of injuries.

“This is one of the first cases to follow the principles established in Summers v Fairclough Homes and confirms that a grossly exaggerated claim can amount to an abuse of process significant enough to warrant striking out in its entirety a claimant’s case.” Ms Fari’s mother defended her daughter, telling the Standard she had told the truth about the extent of her injuries.

Speaking at the family home in Haringey she said: “My daughter told the truth in court and was made to look a liar. It is disgusting, there has been no justice, she does not deserve this.”

Ms Fari has 21 days to appeal against the judge’s decision. If she fails to do so, or if her appeal fails, the Attorney General can opt to prosecute her for contempt of court. If he decides not to, lawyers for Homes for Haringey are expected to bring their own High Court action.

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