Thomas has a growing civil fraud practice and is regularly instructed in claims involving low velocity impacts, bogus passengers, exaggerated personal injury and contrived accidents. Thomas has extensive experience of providing robust advice at an early stage even prior to pleadings being drafted. He recognises the importance of an effective case strategy to improve the prospects of strike out and discontinuance.
Thomas regularly drafts pleadings covering all aspects of civil fraud and is able to work to tight timescales where a quick turnaround is required.
Thomas conducts trials on the multi, fast and small claims track involving contrived accidents, low velocity impacts and exaggerated credit hire and personal injury. He is often commended for his attention to detail and the robust manner in which he defends cases. Thomas never loses sight of the best possible outcome for the client whether it be strike out, discontinuance or a finding of fundamental dishonesty.
Notable Cases
- Nigel Higgs v UK Insurance (Fast Track Trial) – Lincoln County Court: Successfully defended a claim for personal injuries whilst also securing a finding of “fundamental dishonesty”. In addition to scrutinising the circumstances of the accident, the trial also involved the consideration of telephone calls the Claimant had received shortly after the collision. The successful application for a finding of “fundamental dishonesty” resulted in the Defendant obtaining an enforceable costs order in excess of £8000.
- Winyard Motor Company v Ben Mahoney – Teesside County Court: Successfully defended a claim for vehicle damage. The Defendant alleged that no damage was caused to the Claimant’s vehicle and therefore any claim was fraudulent. The trial involved an in depth analysis of numerous photographs exhibited within the bundle and a dispute as to when they were taken. Recorder Hedworth QC dismissed the claim concluding that the Claimant’s evidence “distinctly lacked credibility”.
- Hall v Sandilands (Fast Track Trial) – Teesside County Court. Successfully defended a contrived personal injury claim whilst also securing a finding of fundamental dishonesty. The successful application for a finding of fundamental dishonesty ensured that the client obtained a significant enforceable costs order.
- Ali and Others v Saimnieks (Multi Track Claim) – Wolverhampton County Court. Successfully defended a “slam on” claim involving 4 claimants. Successfully amended the pleadings to plead fraud including an allegation of exaggerated injury. Ultimately, the claim was dismissed pursuant to Section 57 of the Criminal Justice and Courts Act 2015 for exaggerated injury. The client was awarded its costs in full on an indemnity basis.
Public Access
Thomas may accept Public Access work, where he can be instructed directly by a member of the public rather than a solicitor.
Contact Thomas’ clerks
Senior Clerk – Andy Reeves on 0113 213 5252
Talia Webster on 0113 202 8609
