header-logo header-logo

To plead or not to plead

01 May 2015 / Anna Pickering
Issue: 7650 / Categories: Features , Procedure & practice
printer mail-detail
nlj_may_1_pickering

Personal injury defendants with evidence of dishonesty will need to consider carefully whether to plead fraud, says Anna Pickering

When the court at first instance overturned the settlement in Hayward v Zurich Insurance Co Plc and held that Zurich could return to court to rescind the agreement where new evidence of fraud came to light, insurers breathed a sigh of relief.

Facts of the case

Colin Hayward brought a claim for £420,000 against his employer after suffering an injury at work. Zurich obtained covert surveillance evidence calling into question the extent of his residual injuries and made an offer of £134,973 in full and final settlement before the case came to trial. The settlement was concluded in an order approved by the court.

Three years later Zurich received information from Mr Hayward’s neighbours that he appeared to have suffered no lasting ill effects from the accident. Zurich returned to court to reclaim some of the damages from Hayward on the grounds of misrepresentations. The court ruled in Zurich’s favour, ordering Mr

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll