The latest case report from HF for you;
HF, leading legal advisors to the insurance and commercial sectors, and Hastings Direct acting on behalf of Advantage Insurance Company Ltd, have secured a custodial sentence for a fraudster who dishonestly exaggerated her claim for damages following a minor road traffic accident.
Jody Poole was involved in the minor accident on 4 May 2017 in which any injuries would have been limited to only soft-tissue damage.
Despite this, Poole issued proceedings claiming damages in excess of £350,000 alleging that she had suffered abdominal swelling, increased blood pressure, headaches and seizures leading to a diagnosis of Non-Epileptic Attack Disorder. She claimed she had not worked since the accident and her income was limited to benefits she received from DWP. Poole also claimed that she was unable to carry out household chores and required extensive care, funded by the DWP.
Poole told medico-legal experts that she was ‘unable to stand or sit for long’ and that ‘her family do most of her domestic activities’, describing herself as ‘pretty much house bound’.
However, following a thorough investigation, it was found that Poole’s claim was almost entirely fabricated. Surveillance evidence, spanning 18 days over a 26-month period, clearly showed Poole was mobile and ultimately, highlighted her dishonesty.
On all but one of the days that she was under surveillance, Poole was seen working at ‘J’s Diner’. The footage showed her opening the café, taking orders, cooking food, waiting on customers, cleaning, taking deliveries and bringing stock into the café.
Posts on social media also showed that J’s Diner began trading in April 2018, with Poole describing the build-up to the opening, the hard work needed to get the café ready and subsequent messages about customer offers and other activity at the café.
Hastings Direct, on behalf of Advantage, alleged fundamental dishonesty against Poole and in June 2022 she admitted to the deception. She agreed to repay an interim payment of £5,000.00 plus interest and pay Advantage’s costs of £73,422.24.
Poole’s conduct led HF and Hastings Direct to pursue an application for contempt of court.
MYSTERY `FRIEND’
In response to this, Poole attempted to explain her presence at the café and gave evidence that it had been bought by her mother as a dream project in 2018. Sadly, her mother passed away just before the café opened in April 2018, following which Poole alleged that a friend took it over with her ‘helping out’, unpaid, in the café on occasions.
When it was put to her that if the café had been her mother’s it would have passed to her next of kin (not the friend), she changed her evidence saying her mother was only in the process of buying it.
Poole denied being present at the café on any day other than those highlighted in the footage. This did not stack up as there was a very clear pattern of her being there.
Following a four-day hearing at the High Court, HHJ Tindal found Poole in contempt of court, stating:
‘I find it very difficult to place any real weight on what Ms Poole told me in evidence. I found her a thoroughly unreliable witness and, indeed, I am driven to find she was not being honest with me about her working in the diner: even in evidence she tried to minimise and explain away what the footage plainly showed.’
ACTUAL JAIL TIME
He concluded that she had lied about being ‘housebound’ and about not having worked since the accident, finding that she was ‘to all intents and purposes, in charge of J’s Diner at material times’.
Poole was given an immediate two-month custodial sentence.
Alex Wilkinson, Partner at HF and head of the firm’s Large Loss Fraud and Technical Fraud teams said: ‘This outcome is a salutary reminder for claimants who may be tempted to dishonestly exaggerate their claims. Not only could they lose any genuine damages they would be entitled to but, if their dishonesty is as egregious as Miss Poole’s, their liberty is at stake. Jody Poole compounded her own dishonest actions by not admitting to them during the committal action, which played a significant role in ensuring her sentence.’
Peter Lane, Head of Large and Complex Loss at Hastings Direct said: ‘Hastings Direct is committed to investigating, identifying and challenging fraudulent claims to help keep insurance costs affordable for our honest customers. We hope the outcome of this case sends a clear message that fraud will not be tolerated against Hastings Direct.’
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