October-21-2013 in Litigation & Dispute Resolution
A Plaintiff has pleaded guilty to providing false and misleading information to a solicitor and is to be the first person to be prosecuted under the Civil Liability and Courts Act 2004.
Mr Raymond Smith was awarded €7,500 by the Circuit Court for a debilitating back injury sustained in a car crash in August 2009. The decision was appealed by the Defendant to the High Court when evidence was presented to the Court of Mr Smith competing in mixed martial arts events together with filmed evidence of Mr Smith cage fighting at various times following the crash and prior to the court award.
Mr Justice Nicholas Kearns heard expert evidence that a person with the injuries which Mr Smith complained of would not be able to engage in such activities. In finding for the Defendant and dismissing Mr Smith’s claim, Mr Justice Kearns referred the matter to the DPP for investigation under the Civil Liability and Courts Act 2004.
The Civil Liability and Courts Act provides for a sentence of up to 10 years in prison or a fine of up to €100,000 for any person who gives information to a solicitor that:
- Is false or misleading in any material respect, and
- He or she knows to be false or misleading.
Having admitted to failing to disclose the details of his sporting activities to his solicitor and to providing false information in an Affidavit on 27 September 2010, Mr Smith was remanded on bail until December when the Central Criminal Court will consider the matter further. In the meantime, Mr Smith is facing a bill of costs in relation to his civil action.
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