Source: All England Reporter
Publisher Citation: [2012] All ER (D) 224 (Oct)
Neutral Citation: [2012] EWCA Civ 1367
Court: Court of Appeal, Civil Division
Judge:

Lord Dyson MR, Davis and Treacy LJJ

Representation Michael Redfern QC and Siraj Ahmed (instructed by Veritas Law) for the claimant.
  Christopher Kennedy QC and Michael Lemmy (instructed by Keoghs LLP) for the insurer.
Judgment Dates: 23 October 2012

Catchwords

Insurance - Claim - Fraud - Claimant involved on road traffic accident with first defendant - Second defendant being insurer of first defendant - Insurer alleging claimant being involved in staged collision designed to set up dishonest insurance claim - Judge finding claimant being involved in fraudulent claim - Claimant appealing - Claimant submitting judge's finding unjustified against weight of evidence - Whether judge erring.

The Case

Insurance Claim. The Court of Appeal, Civil Division, held that the trial judge had been wrong to find that the claimant had been involved in a staged road traffic accident designed to set up a dishonest insurance claim, since there had been no cogent reasons to justify an inference of fraudulent complicity on the part of the claimant.

Practice Areas

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