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PI Brief Update

The Devil Is in the Detail: Pleading and Proving Allegations of Fraud - David Sawtell, 4 King's Bench Walk

16/02/13. When fraud is alleged, the claimant’s credibility is vital. Defendant insurance companies often rely on inconsistencies between a claimant’s GP notes, what he or she told his medico-legal expert, what is written in the pleadings and written witness statements and what the claimant finally says at trial. How far can these inconsistencies be relied upon to prove fraud? In Hussain v Hussain and Aviva [2012] EWCA Civ 1367, the claimant and the defendant were unrelated despite...

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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. 

Professional advice should always be obtained before applying any information to particular circumstances.

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.