header-logo header-logo

23 July 2009 / David Hadfield , Sara Partington
Issue: 7379 / Categories: Features , Commercial
printer mail-detail

The claim game

Fraudulent conduct is no bar to a genuine claim, say David Hadfield & Sara Partington

The Court of Appeal has recently revisited the law and given valuable  clarification relating to the impact of fraudulent claims by third parties on any genuine underlying claim which they may themselves have (see Anita Shah v Wasim Ul-Haq & Others ([2009] EWCA Civ 542, [2009] All ER (D) 71 (Jun)). Insurers in particular are all too familiar with fraudulent claims arising out road traffic accidents or to an extent in other personal injury claims.

It has become so common that one county court judge was moved to observe: “Unhappily such fraudulent claims are now legion. They occupy the court time of District Judges and Circuit Judges…literally week in and week out. My own judicial experience reflects, I have no doubt, that of many of my brethren throughout the country.

Just about every variant of a fraudulent claim comes before the court, including deliberately staged collisions, damage caused to vehicles which have never been in collision at all,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Browne Jacobson—Simone Ketchell

Browne Jacobson—Simone Ketchell

Browne Jacobson adds top property litigation Partner in record real estate expansion

Fieldfisher—Megan Goodyer

Fieldfisher—Megan Goodyer

Fieldfisher expands Personal Injury team with impressive partner from Stewarts

Clyde & Co—Jack Holling

Clyde & Co—Jack Holling

Global firm strengthens insurance practice with appointment of partner

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll