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06 December 2013 / Anthony Johnson
Issue: 7587 / Categories: Features , Procedure & practice
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A sword & a shield

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There is a growing trend for courts to make awards of exemplary damages in civil claims where fraud is proven, as Anthony Johnson reports

It is now widely accepted by county court judges and legal representatives of a claimant and defendant persuasion alike, that there has been a significant increase in the number of cases of civil fraud uncovered by the courts since the onset of the current, ongoing economic crisis; it is unsurprising that in straitened economic climes more and more people may be tempted into such illegitimate sources of income. The government is clearly alive to the issue, and has cited it in support of its widely vaunted reform to the costs regime in civil proceedings, eg, in the December 2012 consultation on reducing the number and costs of whiplash claims, Justice Minister Helen Grant stated: “Our aim is to deter fraudulent and exaggerated claims and reduce the cost of dealing with whiplash claims while preserving access to justice.”

The highest profile area of civil fraud has probably been in relation

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NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
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
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