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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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NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
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