A man who submitted an inflated £1.35m claim for damages for injuries in a car crash has been sentenced to one year’s imprisonment after the courts found him guilty of contempt of court.
The decision came after footage of him playing football revealed that he had exaggerated his symptoms.
James Shikell was sentenced to 12 months' imprisonment for contempt of court on Friday 18 March 2011. His father Robert Shikell also received a year's imprisonment for his role in supporting his son's claim while a third man, Simon Fennell was fined for providing a false statement in Mr Shikell's personal injury claim.
Elaine Chapman, a partner at law firm Weightmans who advised the Motor Insurers' Bureau (MIB) in the defence of the personal injury claim and in bringing the contempt of court claim, commented: "This landmark judgment sends a clear and resounding message that high value cases are no longer the ‘no lose gamble' for individuals making fraudulent claims. The custodial sentences imposed reflect the zero tolerance approach of the judiciary towards insurance fraud."
Mr Shikell was involved in a road traffic accident in the early hours of 31 December 2002. He was with other passengers in a vehicle driven by Richard Powell, who was uninsured. It was accepted by all sides that the accident was caused by Mr Powell's negligent driving.
A personal injury claim was issued in the High Court by Irwin Mitchell Solicitors for all three passengers in the vehicle in December 2005. Because Mr Powell was uninsured, the MIB stood as the defendant in the personal injury claim.
The MIB was granted permission in October 2009 to bring proceedings for contempt of court against Mr Shikell, his father and his football team mate Simon Fennell on the basis that they were all actively involved in attempting to pervert the course of justice.
Ms Chapman explained: "24 counts were brought in total, with 16 of those brought against James Shikell. These counts were based on the witness statements he made to the effect that he was unable to play football and on his general level of incapacity.
"The case against the father Robert Shikell was based on statements he provided and the fact that he was present during certain examinations with medical and legal professionals and heard the false reports made by his son."
Her Honour Judge Blecher, sitting at Leeds District Court, found Mr Shikell guilty of 14 of the 16 counts against him. She said that she was satisfied beyond all reasonable doubt that the only reason for him telling the lie was to increase the likely award of damages in the personal injury claim.
Ms Chapman said that the case would pave the way for insurers to tackle those claimants they believe are submitting fraudulent or exaggerated claims for damages following injury.
"The insurance industry loses millions to fraudulent claims every year but cases like this one show that the tide is turning. Insurers are no longer willing to be cowed into paying out for fraudulent claims and we expect this case to lead the fight against fraudulent personal injury claims," she explained.
Read more at Insurance Age
