Exaggerated & Fraudulent Claims: New Beginnings?

An analysis of the recent Court of Appeal judgment: Platt v. OBH Luxury Accommodation Limited & Anor [2017] IECA 221.

Introduction

On 28 July 2017 Ms. Justice Irvine in the Court of Appeal delivered her Judgment in the case of Platt v OBH Luxury Accommodation Limited & Anor [2017] IECA 221 (hereinafter "Platt"). The case was an appeal of the decision of Barton J. in the High Court from June 2015, wherein Barton J. was satisfied that the Plaintiff had intentionally misled the court and exaggerated his injuries and so he utilised the jurisdiction conferred on him by s. 26 of the Civil Liability and Courts Act, 2004 ("the 2004 Act") in dismissing the Plaintiff's case.

The Court of Appeal upheld the decision of the High Court and in so doing has given further insight into how the courts will apply s. 26 of the 2004 Act and what exactly constitutes an intentionally fraudulent claim.