Fraudulent claims rule: when can an insurer avoid a claim? – Park Square Barristers

Posted August 24th, 2016 in appeals, fraud, insurance, news, Supreme Court by sally

‘Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and others (Respondents) [2016] UKSC 45 resolved one of the most contentious issues in modern insurance law.’

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Park Square Barristers, 29th July 2016

Source: www.parksquarebarristers.co.uk

Advertising watchdog raps CMC for misleading consumers about fees – Legal Futures

Posted August 17th, 2016 in advertising, claims management, fees, insurance, news by sally

‘A claims management company in Manchester has become the latest to be slapped down by the Advertising Standards Authority (ASA) after failing to make clear to potential customers that the amount of money they could receive was before its 33% fee was deducted.’

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Legal Futures, 17th August 2016

Source: www.legalfutures.co.uk

‘Biggest overhaul’ of insurance law in over a century comes into force today – OUT-LAW.com

Posted August 12th, 2016 in contracts, disclosure, insurance, misrepresentation, news by sally

‘Sweeping changes to UK commercial insurance law described as the “biggest overhaul since the introduction of the 1906 Marine Insurance Act” come into force today.’

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OUT-LAW.com, 12th August 2016

Source: www.out-law.com

What lies do to claims – the Supreme Court – UK Human Rights Blog

‘Twin doses of dishonesty in the Supreme Court, last month. Both raised dilemmas for the SC trying to steer a principled way (in different circumstances) towards determining the cost of lying.’

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UK Human Rights Blog, 6th August 2016

Source: www.ukhumanrightsblog.com

Claimant wins credit hire argument over ‘super car’ – Litigation Futures

Posted August 5th, 2016 in accidents, insurance, news, road traffic by sally

‘A claimant who drove a top-of-the-range Mercedes while his McLaren supercar was being repaired has recovered the cost of the credit hire, despite owning other high-spec vehicles, including two Aston Martins.’

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Litigation Futures, 4th August 2016

Source: www.litigationfutures.co.uk

MIB hails Supreme Court ruling over damages for overseas accidents – Litigation Futures

‘The Motor Insurers’ Bureau (MIB) has welcomed the clarity provided today by a Supreme Court ruling that damages for a UK resident badly injured by an uninsured driver in Greece should be assessed under Greek law.’

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Litigation Futures, 3rd August 2016

Source: www.litigationfutures.com

Claims Management Regulator – Misleading marketing statements – Ministry of Justice

‘We have put together a list of misleading statements which demonstrate some of the types of advertising and marketing that is not compliant with our rules.’

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Ministry of Justice, 29th July 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

Claimant who only beat part 36 offer because of post-Brexit fall in sterling denied usual rewards – Litigation Futures

Posted August 1st, 2016 in brexit, costs, EC law, indemnities, insurance, news, part 36 offers, referendums by Mark L

‘A claimant who only beat his part 36 offer because of the fall in the value of sterling since the Brexit vote has been denied the usual benefits of enhanced interest, indemnity costs and an additional payment that would have been the maximum £75,000 given the sums at stake.’

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Litigation Futures, 29th July 2016

Source: www.litigationfutures.com

‘Black box’ recorder used in liability trial defence – Law Society’s Gazette

Posted August 1st, 2016 in evidence, insurance, news, witnesses by Mark L

‘A telematics-based motor insurer has claimed a first after data from a “black box” recorder was successfully used in a defence at a collision liability trial.’

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Law Society’s Gazette, 1st August 2016

Source: www.lawgazette.co.uk

Third party rights of direct action against insurers due to come into force – OUT-LAW.com

Posted July 29th, 2016 in insolvency, insurance, news, third parties by sally

‘New rights for third parties to bring direct actions against insurers in the event that an insured party against which they have a claim becomes insolvent will come into force on 1 August 2016.’

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OUT-LAW.com, 28th July 2016

Source: www.out-law.com

‘Fraud unravels all’: landmark Supreme Court ruling – Law Society’s Gazette

Posted July 28th, 2016 in appeals, costs, deceit, fees, fraud, insurance, news, personal injuries, Supreme Court by sally

‘In a landmark ruling for lawyers and insurers, the Supreme Court has paved the way for personal injury settlements to be successfully challenged if the claimant is subsequently found to have lied.’

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Law Society’s Gazette, 27th July 2016

Source: www.lawgazette.co.uk

The fight against fraud – New Law Journal

‘“Fundamental dishonesty” and other measures, outlined by Denise Brosnan.’

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New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

Goddard inquiry truth project to hear first testimony on child sexual abuse – The Guardian

Posted July 25th, 2016 in budgets, child abuse, clergy, delay, evidence, inquiries, insurance, news, victims by sally

‘The first of hundreds of people are to begin giving testimony to a public inquiry into child sexual abuse, in an unprecedented national “truth-telling” project designed to catalogue decades of suffering.’

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The Guardian, 25th July 2016

Source: www.guardian.co.uk

Excluding a party from Court in fraudulent claims – Zenith PI Blog

Posted July 22nd, 2016 in fraud, insurance, news, road traffic, witnesses by sally

‘There is a common trend in County Courts up and down the country for witnesses to be excluded from the courtroom during the evidence of another witness and/or a party when there are allegations of fraud or collusion, commonly in relation to a road traffic accident. The pragmatic rationale for such an approach is quite clear- if witness X hears what the Claimant says in cross examination, X may tailor his or her evidence to be consistent with that of the Claimant in a bid to bolster the case.’

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Zenith PI Blog, 22nd July 2016

Source: www.zenithpi.wordpress.com

‘Collateral’ lies need not spoil insurance claims, rules Supreme Court – BBC News

Posted July 22nd, 2016 in fraud, insurance, news, shipping law, Supreme Court by sally

‘Lying on an insurance claim should not necessarily invalidate it, the Supreme Court has said, in a judgement likely to affect all household policies.’

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BBC News, 20th July 2016

Source: www.bbc.co.uk

Blaming insurers for driverless accidents ‘makes no sense’ – Law Society’s Gazette

Posted July 18th, 2016 in accidents, insurance, negligence, news, road traffic by sally

‘Government proposals for driverless cars could create a worrying principle in the law of negligence, a high-profile motoring solicitor has warned.’

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Law Society’s Gazette, 16th July 2016

Source: www.lawgazette.co.uk

Whose fair trial prevails? – UK Human Rights Blog

Posted July 18th, 2016 in appeals, conspiracy, fraud, human rights, insurance, news, road traffic by sally

‘Two people say they owned motorbikes which they kept outside their house – until, it is said, the bikes were mown down by the defendant’s car, a collision which their witness claimed to have seen. The car’s insurers said that the claim was fraudulent and it was all a conspiracy. The judge agreed it was a fraud, whereas the Court of Appeal disagreed – but still disallowed the claim because, the CA said, the owners had not proved their case.’

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UK Human Rights Blog, 17th July 2016

Source: www.ukhumanrightsblog.com

Re-launched Adjudication Scheme for Professional Negligence Claims: a good idea whose time has come? – Hardwicke Chambers

‘What can the recently re-launched Adjudication Scheme for Professional Negligence Claims offer parties and practitioners in this area? Those, and don’t worry you’re not alone, oblivious to its original launch as a pilot scheme in February 2015 may be part of the reason for its re-launch 15 months later. The original scheme apparently saw only two adjudications (hardly a sample sufficient to judge the efficacy of the scheme). The re-launched scheme covers a wider range of professionals, the removal of any limit on the amount of the claim and an attempt to cap the fees of the appointed adjudicator within certain bands depending on the value of the claim.’

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Hardwicke Chambers, 29th June 2016

Source: www.hardwicke.co.uk

Liability of the MIB for Insolvent Insurers – Park Square Barristers

Posted July 12th, 2016 in appeals, insolvency, insurance, Motor Insurers’ Bureau, news by sally

‘Caroline Wood considers the recent Court of Appeal decision concerning the liability of the MIB where an insurer has become insolvent.’

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Park Square Barristers, 3rd June 2016

Source: www.parksquarebarristers.co.uk

Court of Appeal: lender entitled to recover full refinancing loan in negligent property valuation case – OUT-LAW.com

Posted July 8th, 2016 in appeals, banking, insurance, loans, negligence, news, surveyors, valuation by sally

‘A lender was entitled to recover the full amount of a refinancing loan it granted after relying on a negligent property valuation, and not just the ‘top-up’ funding, the Court of Appeal has ruled.’

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OUT-LAW.com, 6th July 2016

Source: www.out-law.com