header-logo header-logo

14 August 2013
Issue: 7573 / Categories: Features , Judicial line
printer mail-detail

Put up or shut up

In a low velocity impact personal injury claim there seems to be some conflict between the Casey v Cartright procedure and Husain v Amin and another...

Q In a low velocity impact personal injury claim there seems to be some conflict between the Casey v Cartright procedure and Husain v Amin and another [2012] EWCA Civ 1456 which requires the defendant to plead a fraud as a fraud. If the defendant is to allege fraud, at what stage should a non-fraud defence be amended?

A In the typical low velocity claim, there is an admission of an impact but not of such force to have caused the injuries complained of. Casey seeks to provide a framework for early identification of this type of claim rather than set out a process of general application. However, the substance of the defendant’s case may be that the claim is fraudulent in that the claimant has invented the injury or symptoms or has deliberately exaggerated them. Whether the defendant intends to run such a defence or to contend

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

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll