30 April 2011 - PI Practitioner
- Details
- Category: PIBULJ
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06 Sep 2011
- Last Updated: 09 January 2014
Shah v Ul-Haq and Others [2009] EWCA Civ 542
The Court of Appeal held that a finding of fraud in one area of a Claimant’s case was not sufficient in itself to knock out the whole of the claim. However, a Claimant’s credibility may be held to be so damaged by the particular finding of fraud that he fails to prove any part of his loss.
Francis and Others v Wells and Churchill Insurance Co Ltd [2007] EWCA Civ 1350
A failure by a defendant to show that a claimant’s case was a fraud does not lead directly to judgment for the claimant: the claimant still has to prove his case, and it may be that when all the circumstances of the case are considered in the round the claimant fails to do that. Though there will be no finding of fraud in those circumstances, the claim must still be dismissed.
Daly and Daly v Sheikh [2002] EWCA Civ 810
Where there is evidence that one party has sought to deceive the court, the requirements of doing justice point strongly towards admitting the evidence, even if it emerges at a very late stage.
