Cheek by jowl: Fraudulent insurance claims and the counter measures enacted in personal injury cases

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Abstract

This article critically analyses the anti-fraud provisions in respect of 'fundamental dishonesty' in third party personal injury claims under the Criminal Justice and Courts Act 2015 s 57 and costs orders under Civil Procedure Rule 44.16. It comparatively analyses such fraudulent claims with those fraudulent claims made under first party insurance contracts.

It examines the scope of the courts discretion under the concept of 'substantial injustice' under s 57 and 'fair and just' under CPR 44.16. It provides comparative analysis of the Irish approach to fraud and dishonesty in third party personal injury claims under the Civil Liability and Courts Act 2004 ss 14 and 26 to see what lesson the United Kingdom can learn and adopt
Original languageEnglish
Pages (from-to)15-42
Number of pages28
JournalInsurance Law Journal
Volume27
Issue number1
Publication statusPublished - Jan 2015

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