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A sword & a shield

06 December 2013 / Anthony Johnson
Issue: 7587 / Categories: Features , Procedure & practice
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There is a growing trend for courts to make awards of exemplary damages in civil claims where fraud is proven, as Anthony Johnson reports

It is now widely accepted by county court judges and legal representatives of a claimant and defendant persuasion alike, that there has been a significant increase in the number of cases of civil fraud uncovered by the courts since the onset of the current, ongoing economic crisis; it is unsurprising that in straitened economic climes more and more people may be tempted into such illegitimate sources of income. The government is clearly alive to the issue, and has cited it in support of its widely vaunted reform to the costs regime in civil proceedings, eg, in the December 2012 consultation on reducing the number and costs of whiplash claims, Justice Minister Helen Grant stated: “Our aim is to deter fraudulent and exaggerated claims and reduce the cost of dealing with whiplash claims while preserving access to justice.”

The highest profile area of civil fraud has probably been in relation

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NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
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