Claim that surgery and insurer colluded in PIP implants settlement rejected (AB and CD v Transform Medical Group and Travelers Insurance)

Roddy Dunlop QC, of Axiom Advocates, examines an Outer House decision in the PIP breast implants case that the pursuers, who were women who had undergone breast augmentation surgery carried out by surgeons engaged by the defender cosmetic surgery business, had not established that a settlement between the defender and its insurer, the minuter, before the defender went into administration had been entered into collusively and in bad faith with the intention of defeating or reducing claims that the minuter would otherwise have had to meet.

AB and CD v Transform Medical Group (CS) Ltd and Travelers Insurance Company Ltd [2020] CSOH 3