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Case review 5 mar 2021
Fundamental dishonesty – when a claim has to fail
In this case, the claimant’s personal injury claim in excess of £50,000 was dismissed in its entirety, despite liability being admitted under Section 57 of the Criminal Justice and Courts Act 2015. Qualified one-way cost shifting was disapplied and the claimant was ordered to pay the defendant’s costs, minus the damages she would have received but for her dishonesty, as well as a previous indemnity costs order from 2018.
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Article 3 mar 2021
The journey following a finding of fundamental dishonesty
Kennedys has secured a finding of fundamental dishonesty and subsequent custodial sentence following committal proceedings against a demolition worker after it was established that he lied about the circumstances of an accident when pursuing a claim against his employer.
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Blog 2 mar 2021
The power of stories
In 1997 Harold Skipper wrote about the ways in which insurance contributes to society and economic growth by aiding economic development and stability. However, when claims have to be defended or declined, these can be difficult stories to tell to those outside the industry and without the context of being informed on the issues.
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Case review 24 fev 2021
Fundamental dishonesty and exaggerating injuries: a cautionary tale
Robert Sudale v Cyril John Ltd: In this case, the claimant’s personal injury claim for damages was dismissed on the grounds of fundamental dishonesty. The judge found the claimant had pursued a claim relying upon a significant exaggeration of his symptoms.
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News 18 fev 2021
Kennedys strengthens financial lines team in Latin America and Caribbean with key hire
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News 11 fev 2021
Kennedys launches fourth edition of claims handling guide book
The fourth edition of our most popular guide for claims handlers has launched, helping empower insurers, third party administrators, corporates and their claims teams to become less reliant on their lawyers
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Article 3 fev 2021
DataIQ 100 - The most influential people in data - Martin Stockdale
The DataIQ 100 profiles the most important and influential people in data-driven businesses and the innovators who support them. Manchester Partner and head of Kennedys’ counter fraud unit Martin Stockdale, was recently recognised in the 2021 DataIQ 100 list of most influential people in data.
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Blog 2 fev 2021
The truth will out!
Last year brought many new challenges and obstacles. There was however, one constant; the Fundamentally Dishonest claimant. Here are some of our favourite “GOTCHA” moments from 2020.
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Blog 26 jan 2021
Agreeing to disagree
In a recent article Martin Stockdale worked with colleagues across Kennedys in reviewing the recent report of the Civil Justice Council (CJC) Working Group on low value personal injury claims. Part of their debate and discussion focussed on reforms that address the fraudulent, or unmeritorious, claims. In this post he reprises their review of the main issues.
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Article 25 jan 2021
The future of low value personal injury: CJC says no more reforms after the whiplash reforms
The Civil Justice Council (CJC) working group has published its recommendations on what further reforms could be introduced for low value injury (under £25,000) injury claims. With a focus on resolving meritorious claims more quickly and with the costs reduced, as well as preventing unmeritorious claims, the group concludes that once the pending ‘whiplash reforms’ have been implemented, there should be no further substantive reforms – not least until the detail of recent measures is clarified.