3PB personal injury and clinical negligence barrister Sharan Sanghera comments on a recent case regarding healthcare enabled fraud in claims for psychological injury arising from road traffic accidents.
Clerks Details
- Clerk Name: Edward Holdstock
- Clerk Telephone: 020 7583 8055
- Clerk Email: [email protected]
- Clerk Name: David Snook
- Clerk Telephone: 01865 793 736
- Clerk Email: [email protected]
- Clerk Name: Jordon Gallifant
- Clerk Telephone: 020 7583 8055
- Clerk Email: 020 7583 8055
Personal Injury
Fraud work
Sharan has vast trial experience of claims involving fraud including layering claims. She has acted for defendants regularly in cases where there are concerns involving additional key players in litigation. She understands that often there is a “bigger picture” which goes beyond one particular case and is happy to work alongside firms developing strategies to combat linked dishonest claims.
Sharan has frequently cross examined experts whose reports are challenged on the basis that they are unreliable. This has led to several dismissals and findings having been made in relation to the poor quality of the expert’s evidence. She has particular experience of defending such claims in which psychological injuries are pursued.
Sharan has acted in multiple trials at which findings of FD have been secured against claimants with consequent costs orders following i.e. QOCS protection being removed including the following:
- Dismissal of a claim with findings of FD were made in C’s absence. C’s expert was cross-examined with the Court finding that the expert’s evidence did not stand up “to the most superficial analysis”
- Psychological injury element of a claim dismissed where the expert, who attended trial for cross examination, was found to have been “an unsatisfactory witness”
- Claim dismissed with findings of FD and an order made for the CHO to be brought into proceedings in respect of costs
- Multiple findings of FD made against claimants involved in RTCs along with consequent enforceable costs orders
Non-fraud work
Sharan represents claimants in multi-track claims where injuries are permanent and life-changing. She enjoys being involved in a claim from the early stages of settling pleadings and advising on evidence through to trial.
Within the claimant work that she undertakes she has a particular interest in employer’s liability and occupier’s liability claims. Sharan has been successful in settling many claims involving complex loss of earnings claims on behalf of self-employed persons or claimants who were in partnership prior to injury.
More recently, Sharan has advised and assisted in the following claims:
- C injured while using angle grinder causing metal fragments to enter his eyes leaving him with corneal scarring and photophobia
- C suffered a Lisfranc fracture leaving her with ongoing permanent difficulties with walking and which affected her ability to manage her business. D denied liability and surveillance footage was obtained but the claim was ultimately settled favourably.
- C developed a PTSD when involved in a RTC in which a motorcyclist was fatally injured
- C, a cyclist was left with permanent symptoms when involved in an RTC with a car
- C was injured when, as a minor, he fell through the ceiling of a derelict building. The case was further complicated by reasons of capacity and pre-existing vulnerabilities.
In addition, Sharan has represented clients appealing CICA decisions with good success.
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Articles -
Healthcare Enabled Fraud
13th Dec 2022 -
The Provision of PPE in Extraordinary Times
11th Jun 20203PB's Sharan Sanghera analyses the provision of PPE during the Coronavirus pandemic.
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Joseph Thomas Beaumont & Lewis O’Neill v David Ferrer [2016] EWHC Civ 768
2nd Sep 2016Sharan Sanghera examines the Court's decision finding that two claimants were precluded by the ex turpi causa principle from recovering damages in Joseph Thomas Beaumont & Lewis O'Neill v David Ferrer [2016] EWHC Civ 768.
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BRUNO MANUEL DOS SANTOS MENDES V HOCHTIEF (UK) CONSTRUCTION LTD [2016] EWHC 976 (QB) - the correct application of cpr 45.49c
2nd Sep 2016The correct application of cpr 45.49c by Sharan Sanghera - Bruno Manuel dos Santos Mendes V Hochtief (UK) Construction Ltd [2016] EWHC 976 (QB)
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A sledgehammer to crack a nut, or a charter for untruth?
2nd Sep 2016Andrew Perfect and Sharan Sanghera analyse the recent Supreme Court decision on collateral lies in insurance contracts. The Court by a majority held that a collateral lie is not subject to the fraudulent claims rule. The telling of a lie, if truly collateral to the claim being made, does not permit an insurer to refuse to pay. Lords Sumption, Clarke, Hughes and Toulson concurred, Lord Mance dissented. Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG and others [2016] UKSC 45
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Recommendations “Superb, very clever and very quick thinking”.
Lay client“Working with Sharan has been a real pleasure. She is knowledgeable, grasps the key issues quickly and drives cases forward. Her expertise have proved invaluable at bringing the matter to an early settlement. Above all Sharan is approachable and always willing to assist and go the extra mile. I would not hesitate to recommend her to colleagues and clients alike.”
Instructing solicitor