Wye Valley NHS Trust v Murphy [2024] EWHC 1912 (KB) (26 July 2024)

This is an application for the committal of D for contempt of court. [1]

C alleges that D pursued a fraudulent claim for very substantial and hugely exaggerated damages for clinical negligence following an operation carried out to repair his left bicep which he had injured during a rugby match on 25 March 2017. He deliberately and knowingly made false statements to medical experts instructed to assist the court in the assessment of his claim. He verified particulars of his claim and a preliminary schedule of loss and damage, including a claim for loss of future earnings, knowing that the assertions as to the impact of his injury and surgery upon his ability to work, to use his left arm and to play rugby were false and lacking any honest belief as to the truth of those assertions. The true value of his claim for damages was less than one per cent of the sum that he claimed on the basis of his deliberate and knowing false statements. [4]

the allegations of contempt made by C against D … have been proved to the criminal standard of proof. [125]