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Key Point

Considerations of Contempt over completion of CNF

Liverpool Victoria Insurance Co Ltd v Yavuz & Ors

[2017] EWHC 3088 (QB) (6 December 2017)

The court here was considering whether or not to commit the defendants for contempt following this 'crash for cash' case. The court considered whether knowing providing false statements in a Claim Notification Form ("CNF"), forms which are electronically signed, and usually by the Claimant's solicitor, could amount to contempt.

The court side-stepped the issue but noted that CPR 32.14 and 22.1 made it contempt to make a false statement in certain documents verified by a statement of truth. The court also noted that neither the Protocol nor PD8B mandated compliance, it merely 'expected' compliance, which was not the same as saying parties were required to comply, which was needed to find contempt.

It thus seems likely that the Rules Committee will review the rules in this area. Watch this space!

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