The following PI & Clinical Negligence practice note Produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:
Defined in Derry v Peek as where it is shown that:
'a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false.'
Defined in DSM-IV V65.2 and the DSM-5 as:
'The intentional production of false or exaggerated physical or psychological signs or symptoms, motivated by external incentives…'
Note: malingering or conscious exaggeration is not to be confused with unconscious exaggeration, often referred to by doctors and lawyers as 'functional overlay'.
Definitions and labels vary for the range of behaviour connected with road accident claims and giving rise to suspicion, but broadly the types are set out below.
Deliberately staged accidents
These accidents occur when the drivers and occupants of two (or sometimes more) vehicles deliberately collide with each other, with resulting claims for injuries by passengers and the 'innocent' driver. There may also be claims for car hire, storage and repairs.
There is perhaps more scope for investigation of this type of incident than those referred to below if only because insurers will be looking for evidence of a relationship or connection between the individuals involved
The claimant deliberately puts himself in a position or situation to be hit by an innocent motorist. This then facilitates a claim in respect of personal injury by the driver and passengers. Again, there may well also
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Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
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A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
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