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14 March 2014 / Anastasia Karseras
Issue: 7598 / Categories: Features , Personal injury
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Closing the net

Anastasia Karseras illustrates the recent crackdown on fraudulent activity

Given the prevalence of fraudulent or fraudulently exaggerated claims for personal injury, it comes as no surprise that the court’s response to these claims has also sharpened and gained greater urgency.

Strike out?

The Supreme Court set out its stance with its decision in Summers v Fairclough Homes Limited [2012] UKSC 26, [2012] All ER (D) 179.

In Summers, the claimant had been injured in an accident at work while employed by the defendant. After a trial, the judge found for the claimant on liability, but left damages to be assessed. In a signed witness statement the claimant asserted that he was not able to stand for more than 10 to 15 minutes. The claimant served a schedule of loss claiming damages in excess of £800,000. Undercover surveillance revealed the claimant to have grossly exaggerated the effect of his injuries. At the trial of quantum the lower court declined, despite the surveillance evidence, to strike out the claim as an abuse of process, instead awarding damages in the reduced sum of £88,716.

The defendants

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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