Sun06252017

Last updateTue, 24 Feb 2015 5pm

David Sawtell reports on the impact of Fairclough Homes on applications to strike out

Fraud is a costly business. It prolongs trials, complicates pleadings and ties up court resources. For some years, defendant insurance companies facing suspicious personal injury cases have attempted to argue that a claimant who is dishonest about significant aspects of his case should see his entire claim struck out, even after a trial has found that there are genuine aspects to it that sound in damages. The Supreme Court decision in Fairclough Homes Ltd v Summers [2012] effectively puts an end to this argument. At the same time, however, the Supreme Court endorsed a line of case law that confirms that cases can be struck out before trial where a fair trial is simply not possible.

Additional Info

  • Case(s) Referenced:

    Arrow Nominees Inc & anor v Blackledge & ors [2000] EWCA Civ 200

    Fairclough Homes Ltd v Summers [2012] UKSC 26

    Fox v Foundation Piling Ltd [2011] EWCA Civ 790

    Shah v Ul-Haq & ors [2009] EWCA Civ 542

    Zahoor & ors v Masood & ors [2009] EWCA Civ 650