header-logo header-logo

Injury lawyers up in arms

23 July 2014
Issue: 7616 / Categories: Legal News , Personal injury
printer mail-detail

Warning over motor insurance strike-out proposals

Plans to give courts new powers to strike out motor insurance cases with “phantom passengers” and “fundamentally dishonest claims” have been condemned by personal injury lawyers.

According to a fact sheet accompanying the Criminal Justice and Courts Bill, cl 45 provides that where the claimant is entitled to damages but the court is satisfied on the balance of probabilities that the claimant has been “fundamentally dishonest” in relation to the claim as a whole then it must dismiss the entire claim, except where the claimant would suffer “substantial injustice” as a result.The court would also be required to record the damages award that would have been made but for the dishonesty, and to award costs against the claimant not exceeding that award.

Legal consultant Nicholas Bevan says: “Here we go again, a government determined to shoot from the hip and legislate over issues it does not understand, this time at the behest of the commercial interests of insurers and without a shred of any independently corroborated evidence to substantiate the insurers’ claims that fraud is increasing.”

A spokesman for the Association of Personal Injury Lawyers says: “To introduce the power for blanket dismissal in this way will lead to three things: an increase in spurious allegations of fraud and exaggeration by insurers; an increase in satellite litigation, and an increase in the number of genuine claimants who either underplay their symptoms or who fail to bring valid cases at all, for fear of being falsely accused. 

“If it can be proved to a criminal standard that an entire claim is fraudulent, there is no doubt that it should be thrown out...The law is rarely black and white, which is why the courts already have the power to use discretion to deal with alleged exaggeration.”

 

Issue: 7616 / Categories: Legal News , Personal injury
printer mail-details

MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll