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11 August 2016 / Dominic Regan
Issue: 7711 / Categories: Opinion , Fraud , Damages , Insurance / reinsurance , Personal injury
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Lessons from Zurich

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Dominic Regan tackles misrepresentation, fraud & injustice

 

With commendable alacrity the Supreme Court has delivered a unanimous judgment that has immense ramifications for civil litigators among others. Hayward v Zurich Insurance Company plc [2016] UKSC 48, [2016] All ER (D) 138 (Jul) is a decision about misrepresentation and fraud in a personal injury claim. The guidance is not confined to that arena.

Case history

Mr Hayward was indeed injured and long ago. Zurich, as liability insurer for his employer, was obliged to deal with his claim. It paid out £134, 973.11 despite having reservations about his credibility in general and the seriousness of his condition in particular. The settlement was embodied in a consent order.

Two years later his neighbours volunteered evidence to the effect that Hayward had wilfully exaggerated his symptoms on a massive scale. Armed with this material the insurer now sued to recover the difference between what it had paid out and what it ought to have settled for.

An attempt to have the insurer’s claim struck out was

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NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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