header-logo header-logo

Watch this space

26 October 2012 / Sam Nicholls , Alison Padfield
Issue: 7535 / Categories: Features , Insurance / reinsurance
printer mail-detail
istock_000020691499medium_4

Fraud in insurance & fraud on insurers: a distinction without a difference, ask Alison Padfield & Sam Nicholls

Why should a claimant forfeit the whole of a fraudulently exaggerated claim made directly against an insurer under an insurance policy, but only forfeit the fraudulently exaggerated part of a civil claim in which the defendant is insured, with the damages to be paid (indirectly) by an insurer? This is the puzzle which remains after the Supreme Court’s decision in Fairclough Homes Limited v Summers [2012] UKSC 26.

The question of how to deal with a fraudulently exaggerated civil claim has a short—barely a decade—but interesting history (see Dominic Regan’s article “Damaged!”). In the law of insurance, on the other hand, the modern approach was established by Willes J in Britton v Royal Insurance Co (1866) 4 F & F 905. As Willes J explained, in a claim for goods consumed by fire: “It would be most dangerous to permit parties to practise such frauds, and then, notwithstanding their falsehood and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
back-to-top-scroll