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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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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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