Is this Perverting the course of justice?

11th Feb 2017

Dear Sir / Madam 

I have recently had a unsuccessful case against a insurance company with the Financial Ombudsman Service. I made a request under the data protection act for the insurance companies file . On receipt of the file I was surprised to find non of it was redacted, I have copies of transcripts of telephone conversations, internal emails, etc. There are two ways of purchasing my insurance policy, by phone or via the Internet, but the two policy documents are different, one showing I would have been miss sold the other showing I wasn't miss sold the policy. I have since given the evidence to the FOS they had a review of the case that only goes to show the insurance company perverted the course of justice. Because of FOS rules they are unable to overturn a Ombudsman,s decision and they won't investigate perverting the course of justice. I reported the insurance company to the police. The police refused to look at any of the evidence and told me that they don't have the resources to investigate anything like this. 

To cut a long story short can I issue proceedings against the insurance company in the county court for perverting the course of justice?

CATEGORY: Criminal

LOCATION: SUFFOLK

2 answers
  • Kent Criminal Law

    To cut a long answer short, no, the county court is a civil court, perverting or attempting to pervert the course of justice is a criminal offence under the common law. On a theoretical level, you could bring a private prosecution, commenced by laying an information in the magistrates court. 

    On the basis of the information that you have provided, it is not possible to advise on the merits of such a course of action, ie as to whether you have a case. Anyone can bring  a private prosecution but the Crown Prosecution Service have a statutory right to adopt any such prosecution and this can result in their making the decision to continue it themselves or to discontinue it.

    As I say, from the information provided it is impossible to say whether there is merit in the case either against the insurance company as an entity or any individuals within the organisation but a private prosecution  is likely to be an expensive exercise and they would doubtless utilise all of their resources to fight any conviction. Tread very warily and if you are of mind to throw caution to the wind, get expert advice based on all of the relevant information. 

    Did you find this answer helpful?

    Kent Criminal Law

    Did you find this answer helpful?
  • Kent Criminal Law

    To cut a long answer short, no, the county court is a civil court, perverting or attempting to pervert the course of justice is a criminal offence under the common law. On a theoretical level, you could bring a private prosecution, commenced by laying an information in the magistrates court. 

    On the basis of the information that you have provided, it is not possible to advise on the merits of such a course of action, ie as to whether you have a case. Anyone can bring  a private prosecution but the Crown Prosecution Service have a statutory right to adopt any such prosecution and this can result in their making the decision to continue it themselves or to discontinue it.

    As I say, from the information provided it is impossible to say whether there is merit in the case either against the insurance company as an entity or any individuals within the organisation but a private prosecution  is likely to be an expensive exercise and they would doubtless utilise all of their resources to fight any conviction. Tread very warily and if you are of mind to throw caution to the wind, get expert advice based on all of the relevant information. 

    Did you find this answer helpful?

    Kent Criminal Law

    Did you find this answer helpful?

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