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2:58pm Monday 8th February 2010
Wirral Council called in a handwriting expert to defend a compensation claim from a man who said he had tripped on a raised kerb and injured himself.
And now the authority has lodged a bankruptcy order against the claimant, from Rock Ferry, who owes more than £8,000 in outstanding court costs.
Carl Gains, of Prentice Road, had brought a public liability claim against the council alleging that, in May, 2003, he tripped on a raised kerbstone near to Bedford Road and sustained an injury.
Mr Gains instructed solicitors who issued the claim on his behalf. The claim was defended by the council, who also instructed solicitors to act.
Mr Gains indicated that he would be relying upon the evidence of a Sandra Jones, as a purportedly independent witness, allegedly unknown to him.
Wirral Council was provided with a witness questionnaire that had been allegedly completed by Ms Jones confirming that she did not know Gains.
Mr Gains stated via his solicitors that he had obtained Ms Jones' details by revisiting the bus stop where the accident occurred for a few days a week until he saw the witness and she provided her details.
But the council undertook an investigation process and analysed handwriting.
In doing so, they learned that the alleged independent witness had shared at least two addresses with Mr Gains and was also known as Sandra Gains.
On passing this information to Mr Gains, his solicitors ceased to act for him and his claim was struck out following his advising the court he no longer wished to pursue the claim.
The court ordered that Wirral Council’s costs in the sum of £8,041 be paid by Mr Gains.
Following non-payment of the costs, the council obtained a bankruptcy order in respect of outstanding costs on Birkenhead County Court on January 26.
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