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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

Bell Yard Kysen—Liz Giles

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Lime Solicitors—four promotions

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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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