February
Articles matching "fraud"
Costs: Court of Appeal guidance on QOCS in mixed claims
The Court of Appeal has recently addressed the issue of whether Qualified One-Way Costs shifting (QOCS) under CPR 44.13-44.16 could be disapplied for mixed claims, that is, claims for personal injury…
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DWF successfully defends Mishcon de Reya and secures indemnity costs in substantial civil fraud claim found to have been “speculative and weak, and in large part opportunistic
Mr Justice Morgan has recently handed down his judgments in Instant Access Properties Limited (in Liquidation) -v- Rosser & Ors [2018] EWHC 756 (Ch); [2018] EWHC 1145 (Ch). DWF’s Michael Robin,…
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Tort of deceit claim succeeds against business partners who denied knowing each other
Two business partners who claimed to have been involved in a road accident in order to claim thousands of pounds from QBE have been ordered to pay back all the sums paid and the cost of investigating…
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Fundamental dishonesty goes beyond claims in the fast track
Although there are many reports of a finding of fundamental dishonesty in whiplash cases, they are only now starting to emerge in larger claims. Sunil Nannar looks at the judgment in one such case,…
Read moreQOCS dis-applied where Claimant's conduct obstructed the just disposal of proceedings
A Claimant who had been pestered to bring a claim for personal injury under the QOCS regime, following a road traffic accident and subsequently discontinued her claim, had the Notice of Discontinuance…
Read moreExaggeration of injuries sees claim dismissed under Section 57
A Claimant who suffered personal injury as a result of a road traffic accident had her claim dismissed under section 57 of the Criminal Justice and Courts Act 2015 due to fundamental dishonesty on her…
Read moreBreach of Trust: Dreamvar (UK) Limited v Mischon De Reya
The recent case of Dreamwar (UK) Limited v Mischon de Reya is the latest in a series of decisions involving breach of trust and breach of warranty in respect of losses resulting from identity fraud.…
Read moreFraudulent claimants count the cost with exemplary damages award
Two Claimants found to be fundamentally dishonest were ordered to pay exemplary damages of £3,000 as well as indemnity costs after being found to be ‘complicit in a criminal conspiracy to defraud’…
Read moreSome potential solutions for the Insurance Fraud Taskforce
When the then Secretary of State for Justice Chris Grayling announced late last year that the government was establishing an Insurance Fraud Taskforce and also that he hoped the Taskforce would…
Read moreForm an orderly CUE
Ask Cue PI is now open for business and previous claims history checks become mandatory for all CNF’s submitted to the portal from 1 June 2015. Importantly, a failure to include the unique search…
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