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26 October 2012 / Sam Nicholls , Alison Padfield
Issue: 7535 / Categories: Features , Insurance / reinsurance
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Fraud in insurance & fraud on insurers: a distinction without a difference, ask Alison Padfield & Sam Nicholls

Why should a claimant forfeit the whole of a fraudulently exaggerated claim made directly against an insurer under an insurance policy, but only forfeit the fraudulently exaggerated part of a civil claim in which the defendant is insured, with the damages to be paid (indirectly) by an insurer? This is the puzzle which remains after the Supreme Court’s decision in Fairclough Homes Limited v Summers [2012] UKSC 26.

The question of how to deal with a fraudulently exaggerated civil claim has a short—barely a decade—but interesting history (see Dominic Regan’s article “Damaged!”). In the law of insurance, on the other hand, the modern approach was established by Willes J in Britton v Royal Insurance Co (1866) 4 F & F 905. As Willes J explained, in a claim for goods consumed by fire: “It would be most dangerous to permit parties to practise such frauds, and then, notwithstanding their falsehood and

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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