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08 March 2013 / Colm Nugent
Issue: 7551 / Categories: Opinion , Personal injury
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The closing net

Courts are taking an increasingly tougher approach in fraudulent & exaggerated claims, says Colm Nugent

It seems the courts are taking an increasingly intolerant approach to fraudulent and exaggerated claims, and are visiting the consequences of such claims on solicitors, as well as the unsuccessful claimants.

Fari

Following what many insurers considered to be a disappointingly nuanced judgement in Fairclough Homes v Summers [2012] UKSC 26, the matter of Fari v Haringey (2012) Lawtel Document No. AC0135666 was then decided at first instance, which gave insurers some reassurance that the striking out of obviously fraudulent claims was not a mere aspiration.

Mrs Fari’s claim was struck out entirely when video evidence emerged showing that her allegations of considerable disability were wholly false. The High Court has recently given permission for a contempt application to proceed.

Fari should be treated with some caution as a basis for striking out a claim. Fari had no representation at the trial or hearing to strike out the claim—much to the annoyance of the trial judge

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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