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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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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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