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Case review 2021-02-24
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.
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
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.
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.
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.
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 'desperation effect': Preparing for a rise in customer claims as a result of a Covid-induced economic downturn
The annual Claims and Fraud Summit from Insurance Post took place this year virtually on 18-19 November 2020. In this session video from the summit, Kennedys partner Martin Stockdale, Scott Clayton, Zurich Insurance and Stephen Dalton, Insurance Fraud Bureau discuss the anticipated challenges for insurance claims and fraud teams.