Fraud
Find out more about DWF's Fraud insurance team
I'm sorry I'll have to accept your first answer: Roberts v Kesson & Anor
The High Court made a finding on appeal of fundamental dishonesty under section 57 Criminal Justice and Courts Act 2015 in a case where the claimant tried to correct an earlier false statement by…
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QOCS and fundamental dishonesty: the implications of withholding disclosure in a credit hire claim
DWF and QBE have successfully obtained a finding of fundamental dishonesty against a claimant for failing to provide full financial disclosure in a credit hire claim, resulting in the claimant losing…
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False statements of truth made pre-litigation can give rise to contempt
The Court of Appeal has determined that committal proceedings for contempt of court may be brought by a party despite the fact that the statements of truth on which the committal proceedings were…
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Markerstudy and DWF secure Ground Breaking Fraud Decision in "Crash for Cash" Scam
Two men were sentenced to prison after being found in contempt of Court for their involvement in a "crash for cash" scam. Mr Justice Dingemans, sitting at the High Court in Manchester on 25 and 26…
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The whole claim and nothing but the claim
The judgment in the appeal in Basir v Larizadeh, heard earlier this year has recently become available, and highlights a further difficulty that has arisen with the interpretation of s.57 Criminal…
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The right time for fundamental dishonesty
The latest High Court decision on fundamental dishonesty is interesting for its consideration of the timing of the defendant's application, and the concept of "substantial injustice" in the context of…
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Failure to establish fundamental dishonesty shows pitfalls to be avoided
The decision by HHJ Hampton in the Leicester County Court in Spencer Smith v Ashwell Maintenance Limited on 23 January 2019 just over a year after the LOCOG v Sinfield (2018) decision has raised more…
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Cameron v Hussain: Supreme Court allows insurer's appeal
In 2017 we reported on the Court of Appeal decision in Cameron v Hussain. Today the Supreme Court handed down the hotly anticipated judgment in the appeal of that decision. The Supreme Court upheld…
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£6.6 million personal injury claim falls away due to fundamental dishonesty
DWF has obtained a significant reduction in a substantial claim for damages, raising arguments of fundamental dishonesty. Whilst the claimant had genuinely suffered a serious hip fracture, the…
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NIHL fundamental dishonesty finding
DWF working with Allianz Insurance has succeeded in obtaining a finding of fundamental dishonesty in a claim for noise induced hearing loss, where it emerged that the claimant had brought a similar…
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