Kearsley v Klarfeld [2005] EWCA Civ 1510

Fraud: Molodi and Richards a year on

Has judicial benevolence been eradicated? Anthony Johnson explores the effect of two recent fraud judgments ‘In my view, the main thing that practitioners can take away from Richards and Molodi is probably that an atmosphere has now been created where defendants can be more confident in appealing factual determinations of fraud cases.’ Two of the …

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Disclosure: Privacy v relevance

Justin Valentine argues that disclosure of all medical records in personal injury litigation is not necessary with modest claims ‘The pre-action protocols for low value personal injury claims provide that the medical expert should identify records relevant to the claim which should then be disclosed.’ It is not a precondition for bringing a modest claim …

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Burden And Standard Of Proof: Cash for crash

David Sawtell examines the growing instance of personal injury fraud ‘Defending a case on the grounds that it is fraudulent is expensive and time consuming. Sometimes it appears that the case would have little merit if it went to trial.’ Personal injury fraud is now big business. Last year’s report by the BBC’s Panorama program …

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Evidence: Problem issues and problem clients

Lisa Sullivan and Martyn Mcleish offer practical tips on how to navigate claims where allegations of exaggeration may arise ‘The defence operates as a rule of public policy by which an otherwise perfectly proper claim will not be allowed to proceed or a particular head of loss cannot be recovered because it offends public conscience …

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