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14 March 2014 / Anastasia Karseras
Issue: 7598 / Categories: Features , Personal injury
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Closing the net

Anastasia Karseras illustrates the recent crackdown on fraudulent activity

Given the prevalence of fraudulent or fraudulently exaggerated claims for personal injury, it comes as no surprise that the court’s response to these claims has also sharpened and gained greater urgency.

Strike out?

The Supreme Court set out its stance with its decision in Summers v Fairclough Homes Limited [2012] UKSC 26, [2012] All ER (D) 179.

In Summers, the claimant had been injured in an accident at work while employed by the defendant. After a trial, the judge found for the claimant on liability, but left damages to be assessed. In a signed witness statement the claimant asserted that he was not able to stand for more than 10 to 15 minutes. The claimant served a schedule of loss claiming damages in excess of £800,000. Undercover surveillance revealed the claimant to have grossly exaggerated the effect of his injuries. At the trial of quantum the lower court declined, despite the surveillance evidence, to strike out the claim as an abuse of process, instead

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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