Showing 1 - 10 of 46
Michael Bickerstaffe takes a look at the situation where a claimant, pursuing an injury claim, has been found fundamentally dishonest and tries to prevent dismissal of the claim.
On Friday 26 February 2021 the rules providing the framework for how whiplash claims will be managed from 31 May 2021 were released. My colleague, Ian Davies, considered that these changes were “seismic” before predicting a frantic three months as insurers and compensators set about preparing themselves for a new system and new processes.
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.
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.
Kennedys recently secured a finding of fundamental dishonesty under Section 57 of the Criminal Justice and Courts Act 2015 in an injury claim brought by a customer visiting a well-known fashion retailer. The claim was struck out and the claimant was ordered to pay the defendant’s costs, to be enforceable against him.
Credit hire fraud, in its purest form, is an entirely fabricated claim. It is no more than a paper-based exercise designed to induce a quick pay-out from an unsuspecting compensator.
The factual accuracy of a medical report is vital. It is the basis upon which a compensator will formulate an offer and make a compensation payment. If the information contained in the medical report is wrong then a claimant may be compensated where there is no basis, or over compensated.
In this blog we take a look at a recent Scottish case where the defender advanced a fundamental dishonesty argument. In the recent civil Scottish case of Susan Keenan v EUI Limited , which took place at Scotland’s highest civil court, the Pursuer (claimant) sought more than £1m for damages arising out of a road traffic accident.
The Financial Conduct Authority (FCA) has recently issued a Portfolio strategy to claims management companies (CMCs). This essentially outlines their vision for the CMCs and the regulation strategy from now until July 2022. The letter covers the ‘key drivers of harm’ as identified by the FCA. The behaviours which the FCA have noticed from CMC’s which can mislead their consumers to their detriment and breed fraud.
Crash for cash scams involve fraudsters who intentionally drive dangerously (such as slamming on their brakes suddenly and without reason), to cause an innocent motorist to crash into them so they can claim for compensation.