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Jo Pizzala, a partner in Plexus Law, acted for the Royal Bank of Scotland Insurance in its private prosecution for contempt of court against Joanne Kirk for making false statements in a claim for damages from a road traffic accident.
The High Court, in a landmark ruling on fraudulent personal injury claims, ordered Kirk to pay her legal costs of £125,000, a £2,500 fine, the insurer’s legal costs in the main action from 2005 and half the legal costs in the contempt proceedings.
What were the main challenges in this case and the possible implications?
Having set a precedent for the insurance industry to apply for permission to bring a private prosecution for contempt of court in cases such as this, where the level of compensation sought has been exaggerated, the next big hurdle was proving that the exaggeration was deliberately dishonest. This decision is now an additional tool for insurers in their fight against fraud as contempt is punishable by up to two years’ imprisonment or an unlimited fine.
What was your worst day as a lawyer?
In a particularly awful domestic violence case, I suspected that a husband whom I was acting against was parking outside my office (he had been in prison for firearms offences). I called the police and an innocent man who was merely looking for a parking space for the dentist next door was cuffed and thrown across the bonnet of his car by the armed rapid response team.
What was your most memorable experience as a lawyer?
Defeating a claim for £12 million down to £8,000 after being buried in documents for several years leading up the trial by a claimant who was acting without legal representation.
Who has been the most influential person in your life and why?
Andrew Sears, my first senior partner, for giving me a chance and having the confidence to send me anywhere to do anything at a very young age.
Why did you become a lawyer?
My parents told me when I was 17 that they would not pay for a Club 18-30 holiday and that I would need to get a job and pay for it myself if I wanted them to sign the consent form. The Jobcentre sent me for an interview as an office junior at a law firm and that’s how it all started.
What would your advice be to anyone wanting a career in law?
There is a huge diversity in terms of practice and stress depending on which area you specialise in. My children think I get paid to read and argue all day, which is not a bad summary of a typical day . . .
Where do you see yourself in ten years?
Hopefully happy, healthy, with grown-up children and in a job that I still enjoy immensely.
l_tsang@hotmail.co.uk
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