Can I make invoices for money I’ve paid?
I was taken out whilst filtering on my BMW R1200 in September 2018. My claim has gone very smoothly with my solicitors until we have reached a point where they cannot commit to advise me in relation to some help I received. Before the accident I did all the gardening as my wife’s back is not up to it. I could not do the gardening for a year so I paid a gardener cash in hand. The insurer on the other side has asked for invoices for the gardener but because it is cash I don’t have any. Can I prepare some invoices and send them to the solicitor?
Rob Wheeler, by e-mail.
Answer
You should definitely not produce your own invoices.
There has been an upsurge in Defendant solicitors asking the court to have Claimants’ cases thrown out for fundamental dishonesty and the courts appear to be taking a very hard line against exaggerated and dishonest claims.
Even if one element of the claim is exaggerated but the rest of the claim is perfectly legitimate the whole claim can be thrown out and indeed the court rules say it should unless the result would cause “substantial injustice”.
In addition Claimants found to be dishonest would have to pay some or all of the Defendant’s costs and potentially return any interim compensation payments, in addition to running the risk of imprisonment.
I suggest you ask the gardener to prepare them but he/she may not be willing to for tax reasons.
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