Thursday, August 31, 2006

Fraud book

I've just finished writing a book called 'Fraudulent and Exaggerated Claims' with Damian Ward, James Heath and Stratos Gatzouris. It's now with xpl Publishing and should be out in the next month or two although it's already available on amazon. It is proving to be timely as there have been a spate of news items in the last few weeks claiming to uncover fraudulent claims. This is nothing new to the civil justice system in itself. However, it is the number of cases which is perhaps surprising. This is also reflected in the increase of such suspected claims going through the County and higher courts.

This might be due to the increased number of such cases although it is probably more likely due to other factors as well. The first is advances in technology in the past few years. This includes increasingly sophisticated methods of both gathering and sorting data as well as enhancements to old fashioned detective work such as improved hidden cameras and CCTV. The other factor may be that the insurance industry has scroed large successes in recent years in fighting first credit hire cases and then costs cases on a large scale. Having sharpened their collective teeth on these issues, the spotlight now appears to be shining on fraud. This will mean that defendant lawyers will have to keep up with those at the forefront of this area if they are to keep their business. It will also mean that claimant lawyers will have to be even more careful about the claims they take on.

The issues now surrounding fraudulent and exaggerated claims are now issues of which all personal injury lawyers need to be aware. What remains to be seen is how the legal arguments develop over the next few years. For example, how the courts will view low impact claims and also what view they will take as to the effect of one fraudulent element of claim on the other heads. Unfortunately, as with so many of these issues, what is often forgotten in these fights is that the ultimate victims are likely to be those who pay liability insurance premiums on the one hand and those needing to take out after the event insurance premiums against possible costs orders on the other. The book is intended to highlight some of the various issues which can arise from such cases.

1 comment:

Anonymous said...

Many workers suffer an accident at work in their professional lifetime. Unfortunately some are unsure of their rights and if they have a claim for compensation. Unfortunately many people attempt frivolous law suits attempting to get money out of their employer, while genuinely injured people who are out of work stay quiet. People should know their rights they may be eligible for compensation to cover medical bills or time out of work. If it is a industrial accident then inform your boss of the incident and ask if you can leave for treatment immediately.