Direct Line loses £3.4m battle against claimant

Direct Line today lost a three year battle against a claimant in the High Court , who won his fight to retain compensation of £3.4m.

Mark Noble, 43, of Wareham, Dorset was injured in a road accident in September 2003.

He was awarded £3.4m damages by Mr Justice Field in March 2008 after motorist Martin Owens admitted liability for the September 2003 accident, in which Noble was knocked off his motorcycle on the A336 in Hampshire.

Before the trial, Direct Line arranged video surveillance in an attempt to show Noble was exaggerating his injuries.

The judge ruled that Noble, a builder by trade, could no longer work and needed daily care after a “severe and life-threatening” fracture to his pelvis left him in considerable pain, serious ongoing disabilities and with a serious psychiatric disorder.

However, in the months following the judgment, Direct Line arranged fresh surveillance of him after it received information that Mr Noble was apparently not as seriously injured as he claimed.

Direct Line launched an appeal against the award of damages, seeking an order for a retrial, on the grounds that the ‘evidence’ demonstrated that the judgment had been obtained by fraud. The court ordered that £2.25m of the compensation already paid out to Noble should be frozen.

The High Court today ruled the insurer had failed to prove fraud and the appeal was dismissed.

His solicitor David Williams, from RWPS Law, said: "After three uncertain and troubling years it is at last time for Mark Noble to get on with his life. Over a year ago the majority of his damages were frozen meaning that he was unable to put in place many of the arrangements he wanted to so that he could get on with his life following these devastating injuries.

“He and his partner have had to endure a second trial in which they were accused of lying but their account has been accepted and the challenge to the award rejected. It is a victory of sorts for Mark's integrity to be vindicated but he will never have the life he had before the accident and the extra pain and suffering he has had to endure. This is a most unusual case which has taken considerable fortitude on the part of Mark and his partner to fight. We are naturally pleased that a just result has been achieved.”

Noble said: "Direct Line has made a tragedy more painful and extreme and I can't forgive them for what they have put me through. I try to make the best of every day and continue to work hard for a better quality of life. My legal team have worked tirelessly on my behalf and I would like to thank them together with all the doctors, family members and friends for all their help and support.”