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Developments in Personal Injury Fraud Cases - Adam Gadd, Pump Court Chambers

05/12/11. This year has seen a number of decisions of the appellate courts regarding fraudulent, or allegedly fraudulent claims in personal injury cases. Typically, these have tended to arise around staged or  invented road traffic accidents but there have been decisions that do not quite fit that mould. 

This article will attempt to give a brief summary of those decisions.

The first case of note is Zurich Insurance Co plc v Hayward [2011] EWCA Civ 641. This was an action by the insurance company alleging that settlement of an earlier personal injury action had been obtained by fraud. That action had been struck out and the insurance company subsequently appealed. The original action had been compromised by...

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