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Claire Toogood KC obtains committal order on behalf of NHS



On 18 July 2024, Mr Justice Mould sentenced Sean Murphy to an immediate term of eight months’ imprisonment.  Claire Toogood KC, instructed by Kris Hansen of DAC Beachcroft, acted on behalf of Wye Valley NHS Trust who brought the committal proceedings.  Mr Murphy brought a claim against the Trust in February 2021 for damages of nearly £600,000 arising out of surgery to repair a ruptured biceps tendon.

Mr Murphy claimed that he was no longer able to work, was no longer able to play rugby and had significantly reduced strength in his left arm.  The judge found that he had deliberately given false information to the medical experts and made false statements in documents verified by a statement of truth.  Mould J stated “A more egregious act of selfish and self-serving deceit is hard to contemplate”.

The dishonesty was uncovered following a telephone call by a member of the public to the NHS Fraud and Corruption Reporting Line.  Investigations revealed social media posts demonstrating that he had regularly played rugby, was able to work and had returned to weightlifting.

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