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Government figures reveal whiplash claims in freefall

A freedom of information request by the Association of Personal Injury Lawyers (APIL) reveals that the government’s compensation recovery unit recorded 335,365 claims in 2015/16 where the compensator had used the term ‘whiplash’ within the injury description field. In 2014/15, a total of 376,513 claims were identified in the same criteria – meaning a fall this year of 11%.

By |2016-08-01T12:51:13+01:001st August 2016|Uncategorised|Comments Off on Government figures reveal whiplash claims in freefall

Fundamental Dishonesty Defence Fails

Since the defence of fundamental dishonesty was introduced in April 2015, defendants have utilised it as a strategy to persuade claimants to drop or settle their claims. Section 57 of the Criminal Justice and Courts Act 2015 provides that a court must dismiss a claimant’s whole claim where it is satisfied that the claimant has been fundamentally dishonest, unless by doing so there would be substantial injustice. This would result in the claimant having to pay the defendant’s costs. This defence recently failed to deter Carol Ravenscroft in her personal injury claim against Swedish furniture giant Ikea. This is one of the first cases where the fundamental dishonesty defence has been rejected by the court.

By |2016-05-11T11:06:15+01:0011th May 2016|Uncategorised|Comments Off on Fundamental Dishonesty Defence Fails

Claimants defeated in first ‘fundamental dishonesty’ trial

Defendant solicitors have had a personal injury claim struck out in court after persuading the judge that fundamental dishonesty was involved. It is believed to be the first time section 57 of last year’s Criminal Justice and Courts Act (CJCA) has been invoked when a case has gone all the way to trial.

By |2016-04-15T12:23:00+01:0015th April 2016|Uncategorised|Comments Off on Claimants defeated in first ‘fundamental dishonesty’ trial

Aviva probes 17,000 whiplash claims but admits fraud is falling

Insurance giant Aviva says it has more than 17,000 suspicious whiplash claims under investigation. The firm, which increased its profit before tax from £496m to £562m in 2015, has published figures purporting to show a ‘gravy train’ of fraudsters making spurious claims.

By |2016-04-04T09:29:56+01:004th April 2016|Uncategorised|Comments Off on Aviva probes 17,000 whiplash claims but admits fraud is falling
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