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23 July 2009 / David Hadfield , Sara Partington
Issue: 7379 / Categories: Features , Commercial
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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,

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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