Friday, November 8, 2013

Mother-of-13 who said she had to shuffle on her bottom after tripping on a paving stone to claim £750,000 compensation is jailed after she was filmed walking without sticks

Barbara Fari has received a three-month prison sentence after she exaggerated an injury in a bid to claim £750,000 compensation
Barbara Fari has received a three-month prison sentence after she exaggerated an injury in a bid to claim £750,000 compensation



A mother of 13 who exaggerated an injury in a bid to claim £750,000 compensation has been handed a three-month prison sentence.
But she was allowed to walk free from prison after High Court judge Mr Justice Spencer stayed the term - half of which Barbara Fari would have to serve before her automatic release - so she can lodge an appeal.
If an appeal is not lodged by November 29, discontinued or dismissed, she will have to surrender herself into custody.
Former dinner lady Barbara Fari, who is 60 tomorrow, pretended to be almost totally disabled and in constant agony after falling over a slab of pavement in May 2008.
She claimed the only way she could get up and down the stairs was by dragging herself on her buttocks and demanded £750,000 in compensation from Homes for Haringey, which manages council housing in the north London borough.
The organisation admitted liability and offered her £7,500 but she pursued the larger claim which was only struck out by a judge in October 2012 after covert video evidence revealed a huge difference between how she presented at medical examinations and when she was out and about near her home in Hornsey.
Today Mrs Fari received a three month prison term for contempt of court, but the judge was forced to stay the sentence until the outcome of any appeal.
Husband Piper Fari, a musician, was also convicted of contempt of court for his part in the claim and received a two month sentence suspended for a year.
Mr Justice Spencer told the couple they were also liable for £100,000 costs, but would only be required to pay 'if they should win the lottery'.
Mr Fari had claimed he was working as his wife's full-time carer but footage shot on September 1, 2011, showed Mrs Fari walking with two heavy bags of shopping.
She strolled at 'medium to brisk pace' up the steep hill to her Hornsey home.
The pair even convinced leading surgeons and psychologists of Mrs Fari's 'debilitating' injuries, carefully keeping up the act until they were out of eyeshot.
Her medical records showed a knee complaint which pre-dated the supposed fall by years.
Husband Piper Fari, a musician, was also convicted of contempt of court for his part in the claim and received a two month suspended sentence
Husband Piper Fari, a musician, was also convicted of contempt of court for his part in the claim and received a two month suspended sentence

She said the fall aggravated her pre-existing arthritis to the point where she was no longer able to look after her large family and instead needed their care.
The couple denied contempt and Mrs Fari, who is illiterate, claimed she relied on the advice of solicitors, simply signed documents which were not explained properly and that medical experts misinterpreted what she told them.
But the judge described her as a 'strong and domineering' character, who actively pursued her case while her unemployed husband of 27 years foolishly went along with it.
Barbara Fari (with walking stick and hand bag) hides behind her husband Piper Fari on the way to court today
Barbara Fari (with walking stick and hand bag) hides behind her husband Piper Fari on the way to court today

Sentencing the pair, Mr Justice Spencer said, 'You Barbara Fari deliberately exaggerated your continued symptoms from this minor accident in a thoroughly dishonest way.
'You pretended to be far more seriously affected by the minor injury to your knee than you really were. You knew that the whole claim was being presented on a false basis.
'You have consistently contested the allegations to the hilt. In that sense, you have made it worse for yourself.
'For you, Barbara Fari, the least sentence I can pass is one of three months imprisonment. You will serve one half of that sentence before you are automatically released.
'You, Piper Fari, foolishly allowed yourself to become entangled in your wife's lies and deception. I am persuaded that in your case it is not necessary that the sentence be served immediately.'
The judge said that false and lying claims undermined the administration of justice in a number of serious ways.
He said: 'Insurers have to spend a great deal of time and money identifying and weeding out claims they think may be fraudulent.
'False claims damage our whole system in this country of adversarial justice, depending as it does on openness, transparency and honesty.
'False claims can take up a great deal of court time and precious resources.
'The courts have made it very clear that those who make false claims and are caught out must expect to go to prison. There is no other way to underline the gravity of such conduct and deter those who may be tempted to make such claims, no other way to improve the administration of justice.'
He said that Mrs Fari's injury affected her life for only four or five months and was a claim worth a few thousand pounds at most.
He accepted her solicitors were not the most efficient, but it was Mrs Fari's conduct which was under the spotlight and it was she who had unusually chosen to contest every allegation to the hilt in the proceedings.
'False claims damage our whole system in this country of adversarial justice, depending as it does on openness, transparency and honesty'  
- Mr Justice Spencer
The couple's counsel, Mohammed Bashir, said the couple were the 'engine room' of their family of children aged 15 to 24, two of whom are disabled.
They were the sole earners, receiving income support of £190 per week, and their absence would have a far-reaching effect which would outweigh any potential deterrence.
He emphasised that Haringey never paid out the money which was claimed and said the couple, who were of previous good character, were essentially good people trying to do their best in difficult circumstances.
After the hearing, Homes for Haringey's solicitor, Jennifer Harris of Plexus Law, said: 'This is a stark warning to anyone tempted to exaggerate a personal injury claim. It is not just their compensation they risk losing but also their liberty.
'If the original claim had been for a realistic sum which reflected the true extent of the injury, this case would have been settled long ago and need never have come to court. The courts have sent a consistent and strong message at every stage of these proceedings - fraudulent behaviour will not be tolerated.'
Mark Dyson, insurance partner at Plexus Law, said 'This decision will make a huge difference in terms of future and indeed current personal injury claims, forcing claimants to focus purely on pursuing the genuine element of their claim, and helping the insurance industry to contain its costs which in turn will benefit society generally.'

dailymail.co.uk

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