Description
The applicant insurer sought to have the Claimant's two daughters and husband of a Claimant committed. It was for the applicant to demonstrate beyond reasonable doubt that the statements and representations relied on were made, that they were false, that they were likely to interfere with the course of justice in some material respects, and that, at the time they were made, the maker had no honest belief in their truth and knew of the likelihood that they would interfere with the course of justice. An impression had been conveyed to the medico-legal experts by one of the daughters and the husband that the Claimant had very limited mobility which was in sharp contrast to the surveillance evidence. The relevant statements and representations made to the experts were clearly false in so far as they related to the Claimant's mobility. It was held that the Claimant's daughter and her husband had agreed to present a false picture of the Claimant's limited mobility and must have known that their false statements an d representations would interfere with the course of justice. However nothing in the witness statements of the Claimant's family was false to the extent that the entire case against the Defendant was false.
