Keoghs successfully defeats huge £5m fundamentally dishonest claim

In another landmark decision on fundamental dishonesty, Keoghs has successfully defended a high-value claim in which the claimant, despite sustaining serious initial injuries, was ultimately found to have made a significant recovery.

In the case of Greening-Steer v Ainge QB, the claimant presented a claim valued at just under £5 million, with several substantial heads of loss yet to be quantified. However, the claim was struck out, with the final award reduced dramatically to just over £378,000, resulting in a powerful victory for the defendant insurer and the insurance industry as a whole.

The claimant initially suffered serious injuries, including a partial spinal cord injury and probable mild traumatic brain injury. However, the collective view of the clinical experts who gave evidence at trial, supported by compelling covert surveillance, was that the claimant had made a good recovery from all injury sequelae by approximately mid-2021. He was deemed capable of work and required no ongoing care other than a modest, accelerated need anticipated later in life.

Crucially, there was a stark contrast between the claimant’s presentation during medical examinations and his level of functioning as revealed through surveillance evidence. Experts concluded that the claim had been significantly exaggerated for financial gain.

Mr Justice Ritchie found the claimant to be fundamentally dishonest. His judgment was aided by the defendant’s detailed forensic analysis of extensive disclosure, which demonstrated that the claimant had returned to and continued working in his refrigeration engineering business. This evidence reinforced the conclusion that there had been a deliberate attempt to mislead for financial benefit.

The court was also critical of the claimant’s lay witness evidence, which was found to lack credibility and substance. In determining that the dishonesty was fundamental to the claim as presented, Mr Justice Ritchie dismissed the claim in its entirety.

This case highlights the consequences of pursuing a dishonest claim. The claimant’s sustained attempt to mislead experts, insurers, legal professionals and the court ultimately failed. Through rigorous investigation and forensic analysis, the defendant’s team successfully exposed the exaggeration and underlying dishonesty.

While the defence required significant investigative effort and cost, the outcome represents a substantial saving of millions of pounds. More broadly, and in light of combined relentless efforts by Keoghs and the defendant insurer to expose this deceit, it sends a clear and unequivocal message: fraudulent claims and fundamental dishonesty will not be tolerated.

A more detailed analysis of the case will follow.