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28 April 2011 / David Sawtell
Issue: 7463 / Categories: Features , Personal injury
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My big fat fraudulent claim

Are courts ignoring “get tough” policy considerations in favour of justice where fraud is suspected, asks David Sawtell

Fraud is big business. The House of Commons’ Transport Committee Report into the cost of motor insurance heard evidence that that the insurance industryloses £2.1bn per annum to fraud. Some 30,000 staged road traffic accidents took place in 2009. The criminal conspiracies behind the resulting claims are frequently sophisticated. It should come as no surprise that the courts have been very busy grappling with the resulting legal issues.

At first blush it might be surprising, therefore, that the courts have allowed genuine claims to proceed even where the claimants have “supported” dishonest claims—the so-called “phantom passengers”. In Summers v Fairclough Homes [2010] EWCA Civ 1300 the Court of Appeal held that the law was now very clear: the court should allow the genuine claims rather than striking them out as an “abuse of process”.  The case of Shah v Ul-Haq and others [2010] 1 All ER 73, where a husband and wife in a car

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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