Fraud - March 2008
Welcome to the second edition of the quarterly Weightmans LLP
Fraud Bulletin...
... Our aim is to keep you up to date with
current issues, case law and emerging trends in the insurance fraud
area, taking an overview of matters of market interest in recent
weeks.
Headline news
Recovering costs from ATE insurers – What is the reality?
We have all successfully defended claims to
trial. Is it not reasonable to expect recovery of your costs
of defending the action? Adrian Mullen
examines this ever growing contentious issue.
Think costs! Find out more about how we can maximise savings and
recovery for insurers, commercial businesses and public sector
organisations.
Whose burden is it anyway?
Where does the evidential burden lie in fraud
cases? Following on from Kellie Lacey’s review of the case of
Isik v Clegg in our December edition, Charlie Williams examines the recent Court of Appeal
case of Francis and others v Wells and Churchill
Insurance.
Court follows precedent in bogus passenger case
Phantom passenger claim decisions.
Dipak Lad examines the recent case of
Bashir and others v Ahmed and others.
Court update
Fabricated loss success
Costs consequences for a Claimant who
exaggerates their claim. Ted
Sheils takes a look at the case of Qureshi v
Stevenson.
Contrived accident success
Small claims cases can also be potentially
fraudulent. Kellie Lacey summarises the case
of Khan v Zamani and the CIS.
If you have any comments on the E – Bulletin
or its contents or would like further information on any topics
covered, please contact Ted Sheils or
Stuart Smith.
This update does not attempt to provide a full
analysis of those matters with which it deals and is provided for
general information purposes only and is not intended to constitute
legal advice and should not be treated as a substitute for legal
advice. Weightmans LLP accepts no responsibility for any loss that
may arise from reliance on the information in this update. The
copyright in this update is owned by Weightmans.