Fraud in personal injury claims—remedies and consequences
Produced in partnership with Andrew Wilson
Fraud in personal injury claims—remedies and consequences

The following PI & Clinical Negligence practice note produced in partnership with Andrew Wilson provides comprehensive and up to date legal information covering:

  • Fraud in personal injury claims—remedies and consequences
  • Duties and responsibilities of parties and legal advisers
  • Pleadings—CPR
  • Pleadings—defendant’s representatives
  • Responsibilities of claimant’s representatives
  • Responsibilities of defendant’s representatives
  • Remedies—striking out the claim
  • Jurisdiction
  • Exercise of power
  • Criminal Justice and Courts Act 2015
  • More...

Duties and responsibilities of parties and legal advisers

Pleadings—CPR

By CPR 16.5(2), where a defendant denies an allegation set out in the particulars of claim, they must state their reasons for doing so and if they intend to put forward a different version of events from the claimant’s, they must state their own version.

For defendants, this means:

  1. there is no strict requirement to plead fraud in the defence, but

  2. if a defendant does wish to allege fraud, it cannot be advanced, unless 'fraud' or some other similar expression or description of the claimant’s deception has been pleaded

Note: the defendant must decide whether the viability of the defence is dependent on proof of fraud since, following guidance from the Court of Appeal in Francis v Wells and in Kearsley v Klarfeld, the claimant will still be required to prove their case.

Pleadings—defendant’s representatives

An allegation of dishonesty against another in a formal legal document, which is to be placed before a court, is a serious matter. It should not be done lightly, speculatively or without sufficient basis.

The Conduct Rules in Part 2 of the Bar Standards Board’s Handbook state at rule C9(2)(c) that a barrister must not:

‘draft any statement of case, witness statement, affidavit or other document containing…any allegation of fraud, unless [the barrister has] clear instructions to allege fraud and…reasonably credible material which establishes an arguable case of

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