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11 January 2013 / David Sawtell
Issue: 7543 / Categories: Features , Personal injury
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Hold the cynicism

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How should courts approach personal injury claims where fraud is alleged? David Sawtell reports

Fraudulent personal injury claims are hard to detect. It is even more difficult to prove their falsity. The medical evidence is often based on the claimant’s own account to the experts and is generally unsupported by any objective data. The vehicles involved in “cash for crash” claims might be repaired before the defendant insurance company has had an opportunity to examine them (if, in fact, any collision took place). Repair invoices and credit hire agreements might not be worth the paper they are written on. Given such difficulties, it is often tempting to allow suspicion to masquerade as evidence. The Court of Appeal has reminded trial judges that they must not approach cases where fraud is alleged with undue cynicism.

Hussain v Hussain

Despite their names, the two drivers involved in Hussain v Hussain and Anor [2012] All ER (D) 224 (Oct), [2012] EWCA Civ 1367 were not related. On 7 January 2009 the defendant driver drove into

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Bell Yard Kysen—Liz Giles

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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
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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