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A recent High Court personal injuries' case was dismissed after it emerged that the plaintiff had lied in her affidavit about her loss of earnings. Ms. Farrell claimed that she had suffered from a “whiplash” injury after one of the defendants' vehicles collided into her car. Ms. Farrell claimed that she was unable to continue working due to the injury and was claiming compensation for the period 2004 – 2008.

An affidavit sworn by Ms. Farrell was sent to the defendant's solicitor in June 2008 stating that all the documentation provided with the affidavit was correct. A report that was included with the affidavit detailed that the plaintiff had lost over €71,000 in loss of earnings and it estimated that she would lose approx €343,000 in future loss of earnings.

The High Court case was adjourned in July 2008 so as to allow the defendant's solicitors to investigate these loss of earnings. However, it emerged in March 2010, when the plaintiff filed a further affidavit, that she had generated a small income as a taxi driver, during 2007 and 2008. A dispute arose as to whether her claim should be dismissed, as the defendants contended that she knew that her claim was falsified when the High Court case first took place in July 2008.

Mr. Justice Quirke agreed with the defendants that the plaintiff's case should be dismissed, as he stated that it was unlikely that a woman receiving advise from numerous professionals would not be aware of the severity of lying under oath. As Ms. Farrell never informed her doctors of her previous injuries from other accidents. Justice Quirke was also influenced by the facts when it emerged that the plaintiff had been living a “jet-set” lifestyle during 2004-2008, despite claiming that she was struggling on disability benefits. The plaintiff's claim for loss of earnings and future loss of earnings were both dismissed.