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Whilst there are very many genuine whiplash injury claims, it is also an area which is subject to repeated exploitation by fraudsters.
In mid-March, as the UK was reacting to the pandemic and implementing social distancing measures and advising you to work from home, claims farmers had their minds on one thing - coronavirus claims.
We are delighted to confirm the promotion of thirteen lawyers to our partnership across practice areas including commercial, employment and healthcare, as well as specialist areas of insurance and liability that include cyber, property and construction, professional liability, travel, abuse and fraud. Eight of those promoted are based in the UK, with four in the US and one in Australia. Our worldwide partner count is now 264.
Investigations analyst Caroline Caine talks us through one of her (un)typical days at Kennedys.
Case review 06-03-2020
In this case, the claimant’s personal injury claim for damages in excess of £100,000 was dismissed as the judge did not believe the claimant’s version of events. Following further submissions a finding of fundamental dishonesty was made and the claimant was ordered to pay 75% of the first defendant’s costs despite the claimant establishing that they had breached their duty of care.
We’re often asked what makes a good fraud case. Sadly, there is no magical formula and what makes one fraud case could break another. There are however some key ingredients which when mixed and cooked the right way should have you on your way.
The use of surveillance and when to disclose has always been the subject of contention, as defendants have legitimate reasons for delaying disclosure, but equally claimants must be given sufficient opportunity to review the evidence.
Attempts to regulate claims farming and its impact have shaped the evolution of claims farming practices and the way businesses operate.
The traditional model of operating a claimant personal injury law firm has long gone. Squeezed margins as a result of the fixed costs changes have impacted profit margins and, therefore, the viability of a number of claimant law firms.
Case review 28-11-2019
Gavin Alexander v Gary Wheeler [18.10.2019]. In this case, the claimant’s personal injury claim for damages originally pleaded in excess of £800,000, was dismissed on the grounds of fundamental dishonesty. Kennedys were instructed to act on behalf of the defendant’s insurer, esure.