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A sword & a shield

06 December 2013 / Anthony Johnson
Issue: 7587 / Categories: Features , Procedure & practice
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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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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