Settlement agreements in personal injury claims can be set aside where new evidence comes to light which proves a fraudulent claim, the Supreme Court has unanimously ruled.
One of the world’s biggest insurance companies, Zurich, overturned a Court of Appeal ruling that had handed Colin Hayward nearly £135,000 after he had been hurt at work but had exaggerated the extent of the injury.
The ruling is a significant boost for counter-fraud initiatives, as it confirms that new evidence obtained after a settlement can now be used to recover the proceeds of fraud.
At Hilary Meredith Solicitors we have long championed anti-fraud training and accreditation for claimant personal injury solicitors. Today we are going a stage further by calling for a mandatory industry wide training programme with official accreditation for all claimant solicitors who undertake anti-fraud training.
Our own anti-fraud training has been provided by barrister James Henry of Temple Garden Chambers.
Temple Garden Chambers has led the way in extending the ambit of law in the field of civil insurance fraud. Its members have appeared in the leading cases in every specialism in the field and have been responsible for innovating and shaping the common law over the last decade to tackle the scourge of dishonesty in insurance litigation.
From personal experience I know such dishonesty impacts on all litigants and their lawyers making civil litigation more adversarial, costly and time consuming than it should be