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The claim game

23 July 2009 / David Hadfield , Sara Partington
Issue: 7379 / Categories: Features , Commercial
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Fraudulent conduct is no bar to a genuine claim, say David Hadfield & Sara Partington

The Court of Appeal has recently revisited the law and given valuable  clarification relating to the impact of fraudulent claims by third parties on any genuine underlying claim which they may themselves have (see Anita Shah v Wasim Ul-Haq & Others ([2009] EWCA Civ 542, [2009] All ER (D) 71 (Jun)). Insurers in particular are all too familiar with fraudulent claims arising out road traffic accidents or to an extent in other personal injury claims.

It has become so common that one county court judge was moved to observe: “Unhappily such fraudulent claims are now legion. They occupy the court time of District Judges and Circuit Judges…literally week in and week out. My own judicial experience reflects, I have no doubt, that of many of my brethren throughout the country.

Just about every variant of a fraudulent claim comes before the court, including deliberately staged collisions, damage caused to vehicles which have never been in collision at all,

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NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
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