Iain has specialised in defendant insurance litigation for over 25 years and acts for insurers, self insureds and brokers in defence of fraudulent claims. Iain represents two large logistics companies and one of the country's leading supermarkets in defending multiple fraudulent accidents. In addition to civil defence and recovery action, Iain co-ordinates criminal prosecutions arising from such claims.
Cases of note include:
Howlett v Davies and Ageas (2017) – Court of Appeal – fundamental dishonesty and pleadings.
Preskey v Sutcliffe (2013) – Leeds County Court – s5 defence under the Animals Act 1971.
Coles v Hetherton (2011) – High Court – RSA repair network challenge.
A reminder was provided to practitioners that directions must be complied with, failing which there may be drastic consequences
Section 57 CJCA 2015 allows for claims to be dismissed where the claimant has been fundamentally dishonest in respect related claims.
Ageas and Weightmans successfully defend appeal against a finding of fundamental dishonesty
There have been discussions recently on the potential for bringing private prosecutions against those involved in staging RTAs and other types of…
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"Commercially astute". Legal 500 2019