Council uses ice bucket challenge video to secure finding of fundamental dishonesty

A council has secured a finding of fundamental dishonesty against a woman attempting to claim more than £100,000 in damages following an alleged accident on a highway.

In bringing her claim against North East Lincolnshire Rachel Marie Brown, of Salamander Close, Grimsby, said she had suffered a permanent reduction of function in her right arm.

According to the local authority, Brown had claimed to require help from family members with basic household tasks, shopping and gardening and said she was unable to lift her grandchildren or lead a normal active life.

North East Lincolnshire said its intelligence enquiries showed Brown participating in an ice bucket challenge video without any apparent difficulty.

A period of surveillance followed, which included footage of the claimant travelling to and from an appointment with her own medical expert.

“On the same day that she informed the orthopaedic expert she was unable to move her right shoulder or elbow, footage showed Brown with full use of her right arm, lifting a pushchair onto a train, carrying her grandchild and using her arm in a normal way,” North East Lincolnshire said.

Following an application by the council to amend its defence to plead fundamental dishonesty, Brown immediately discontinued her claim.

However, North East Lincolnshire pursued the case and District Judge Thomson made a finding of fundamental dishonesty at Hull County Court on 29 November.

Brown was ordered to pay the council’s legal costs, which will be assessed at a later date.

North East Lincolnshire Council was represented by national law firm Weightmans LLP in conjunction with their insurers, Zurich Municipal.

Cllr Dave Watson, portfolio holder for finance at North East Lincolnshire, said: “Dishonestly claiming thousands of pounds from a council is an offence and if the evidence proves that you have done that, you will face the consequences.

“We, like all local authorities, are required to protect public funds and this sends out the message that we will challenge any claims that we feel are fraudulent.”

Suzanne Milne, casualty fraud partner at Weightmans, said: “This case demonstrates the commitment of local authorities and their insurers to protect public funds by robustly investigating and defending suspected fraudulent claims.

“It also highlights the increasing willingness of the courts to make findings of fundamental dishonesty, even where breach of duty has been admitted and the claimant may have suffered a genuine injury.

“We hope this outcome sends a message – dishonest claims for compensation are not victimless crimes, they are incredibly costly to the wider community and will be treated accordingly.”