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The Public Accounts Committee today (17 November 2021) published its report into fraud and error in the benefits system as part of the DWP Accounts 2020/21. In this report we recognise many problems faced by insurers when managing surge events and new/emerging risks.
In the personal injury arena, a defendant is often left picking up their own costs tab due to the application of QOCS. There are some exceptions to QOCS, of which a finding of fundamental dishonesty is one, but what is the position when the claim is fundamentally dishonest but this has been facilitated by improper, unreasonable and/or negligent conduct of the claimant’s own legal representatives?
Kennedys is recognised as a top-band firm in the latest guide to leading law firms and lawyers across the UK.
We are pleased to announced we have appointed business crime and investigations specialist, Iskander Fernandez as a partner to our growing corporate and commercial division.
In this post, we provide our initial thoughts on one of the primary objectives of the whiplash reforms - to remove financial incentive as a way to prevent fraudulent low value claims.
We are delighted to announce the appointment of insurance and commercial litigation specialist Alexandra Bartlett as a partner in the firm’s Insurance group in Sydney. Alex joins Kennedys from YPOL, where she was a director.
In UK RTA claims, claimants traditionally had little trouble proving their injuries. However, developments in the law over recent years have been a game-changer.
Following the publication of The Legal 500 UK 2022, we are proud to announce that the firm has once again achieved impressive rankings and recognition within the latest guide to leading law firms and lawyers.
A roundup of recent court decisions raising issues relating to fatal accident claims, tour operator liability, the law on primary victims in Scotland, and whether or not to plead fundamental dishonesty.
Tort of deceit, reopening a claim and setting aside settlements: deterring fraudulent claims – Part 2, Chapter 2
Daniel Sandler's recent series of blogs have looked at deterring fraudulent claims, firstly by way of industry-wide measures and secondly focusing on enforcement options in the form of adverse costs orders. In this blog he considers some of the further civil sanctions available to insurers.