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PI Brief Update

30 April 2011 - PI Practitioner

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Category: PIBULJ
06 Sep 2011
Last Updated: 09 January 2014
Motor Fraud Cases

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.

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.