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To set aside or to not set aside? Responding to a claimant’s discontinuances as part of a fraud strategy
A claimant is entitled to discontinue court proceedings at any point. That is their prerogative. However, when they do, the rules provide the presumption that a claimant who does is liable for the defendant’s costs up to the date of the discontinuance.
Case review 26/06/2018
The court has awarded costs on the basis of fundamental dishonesty in a discontinued case, despite the defendant being unable to give evidence at trial due to illness.
While it is almost universally accepted that companies cannot prevent a cyber fraud attack taking place, it is possible to limit the damage that is suffered.
The Civil Liability Bill has provided some clarity on whiplash reform, but uncertainty remains. The second reading provides the first opportunity for peers to debate the bill.
With the increasing number of fundamental dishonesty authorities south of the border, there is no such luxury in Scotland. Grubb v Finlay , which is being appealed this week, was a unique case where the pursuer’s claimed damages of £500,000 were reduced to just over £7,000.
We are thrilled to announce that we have published a significantly updated edition of our guide to claims handling, which helps empower insurers, third party administrators, corporates and their claims teams to become less reliant on their lawyers.
Reinventing insurance for the mobile generation: will blockchain secure the future of insurers over the tech giants?
Insurance is an old industry. Entrepreneurs are looking at how the latest technologies can create new business models to increase efficiency, reduce administration and make insurance products attractive to today’s digital natives.
The High Court has today provided the first authoritative guidance on the meaning of ‘fundamental dishonesty’ in the context of personal injury claims, saying that the claimant’s actions must “substantially affect” the presentation of his case for sanctions to bite.
Some years back I wrote an article regarding the so-called “Odessa file”, where a taxi driver domiciled in Denmark went through an elaborate scheme to collect life insurance sums from five different Danish insurers.
We are pleased to announce that we have strengthened our London Market capabilities and global insurance practice, with the hire of Katherine Proctor from Clyde & Co. She joins as a partner in our London office.