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PI Brief Update

RTA Fraud: Guilty by Association? Not So Says the Court of Appeal - John-Paul Swoboda, 12 King’s Bench Walk

13/11/12. On 23rd October 2012 the Court of Appeal gave judgement in Basharat Hussain v Adil Hussain v AVIVA UK Insurance Ltd [2012] EWCA Civ 1367. The Court of Appeal considered the following premise, could ‘strong inferences’ be drawn against a Claimant involved in an RTA on the basis of a finding that the Defendant was a sophisticated fraudster.

Earlier cases have concerned the extent to which a Claimant should be punished by having associated with a fraudster or exaggerated his own claim. The Court of Appeal in...

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

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Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.