prosecutions & enforcements
The prosecutions & enforcements Specialists
Contempt of Court
“Those who make such false claims, if caught, should expect to go to prison. There is no other way to underline the gravity of the conduct. There is no other way to deter those who may be tempted to make such claims and there is no other way to improve the administration of justice”.
Horwich Farrelly have pioneered contempt of court proceedings in civil claims and lead the market in pursuing fraudsters, whether organised or opportunistic. We firmly believe that those who breach public trust and drive up insurance premiums should not go unpunished.
Our success in terms of sanctions against fraudsters is unmatched and we recently obtained our seventeenth contempt of court prosecution. Armed with an unprecedented amount of findings of fundamental dishonesty, we have a wealth of experience when determining whether the actions of the fraudster amount to the criminal standard – a high threshold to meet.
Our clients benefit from a robust screening process and detailed strategic overview of each case before insurers reflect on whether an example should be made. Indeed, it is important that anyone wishing to bring this kind of action is aware, whilst it is relatively easy to make a false claim, proving one requires tremendous effort.
Our developed strategies measure the strength of evidence in the following main areas:
- Drafting a statement for signature knowing it contains falsehoods
- Creating false documents for use in litigation
- Conspiring with others to do any of those things.
In our experience, nothing acts as a stronger deterrent to these fraudsters than “hitting them where it hurts” – in their pocket. Horwich Farrelly’s dedicated Enforcement team work tirelessly to recover costs from fraudulent claimants on behalf of our clients.
The tools at our disposal
From the date that costs are assessed, claimants are given, on average, up to 28 days to pay. If the claimant fails to do so, the file is transferred to our Enforcement team for them to look for ways of
recovering costs from the claimant. One of the most common barriers to a successful recovery is delay. Simply put, the longer you wait to enforce, the less likely you are to recover costs from the
Since the introduction of QOCS, the vast majority of costs awarded are no longer paid by the claimant’s solicitors and/ or ATE insurers making enforcement an even more vital string to our bow. The team are making applications for charging orders and/or instructing bailiffs (just a couple of the options of recovery at our disposal) daily with great results.
At Horwich Farrelly, we don’t consider a claimant being ordered to re-pay the other party’s legal costs as a satisfactory result and that’s why we will fiercely pursue fraudulent claimants to recover enforceable costs on behalf of our clients.