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Last updateTue, 24 Feb 2015 5pm

Brian McCluggage argues for a greater focus on trial preparation in motor fraud cases

This short article developed out of a presentation at the 2017 Personal Injury Bar Association conference at Oxford. There are no esoteric questions of law raised within. The focus is rather upon evidential and tactical techniques for getting a case best prepared for trial through ensuring that the litigator is ‘trial-minded’. The context of the article is motor cases in which fraud is alleged. Motor fraud cases comprised a substantial part of my practice over a period of about 15 years to 2013. Over the 200 or so trials conducted in this line of work, it was extraordinary to see the same mistakes and poor practices applied time and time again. While my experience is rooted in acting for insurers, much of the analysis below is of as much if not more relevance to claimant representatives.

Additional Info

  • Case(s) Referenced:

    Hamid v Khalid [2017] EWCA Civ 201

    Hussain v Hussain & anor [2012] EWCA Civ 1367

    Rizan & anor v Hayes & anor [2016] EWCA Civ 481

Last modified on 30 June 2017