Fraud

Fraud

What our barristers offer

Barristers at 39 Essex Chambers are at the forefront of insurance fraud law and have been instructed in many of the leading cases in this area, including the landmark case of Summers v Fairclough [2012] UKSC 26 which secured the single greatest change in the law on dealing with fraudulent claims when the Supreme Court Justices acknowledged that a fraudulent claim could be struck out in its entirety as an abuse of process. Since the judgment was published, strike out applications have become the strongest tool in the armoury of Defendant insurers and have been used successfully on multiple occasions, including in the first successful application of its type in Fari v Homes for Haringey 9th October 2012, HHJ Mitchell QC in CCLC.

Barristers at 39 Essex Chambers are highly skilled in advising on and preparing such applications and recognise the need for instructions to be dealt with expeditiously to achieve the best results. Members of 39 Essex Chambers have also advised in many such cases where the threat of wholesale strike out has led to abandonment of the claim or settlement on favourable terms for the insurer.

Contempt

Chambers has been at the forefront of the move towards the use of contempt prosecutions, with barristers acting in many of the leading cases in this area.

Significant cases involving fraud include:

  • Barnes v Seabrook, Hill v Gough, South West Fire & Rescue v Smith, [2010] EWHC 1849 (Admin)
  • Summers v Fairclough Homes Limited, 27 June 2012, [2012] UKSC 26 landmark case which declared the jurisdiction to strike out fraudulent exaggeration claims as an abuse of process
  • Fari v Homes for Haringey, 9 October 2012, HHJ Mitchell QC in CCLC, first known case of strike out for fraudulent exaggeration following the principles in Summers v Fairclough Homes
  • Savash v CIS General Insurance Ltd, [2014] EWHC 375 (TCC), claim against household insurer following an alleged burglary but where the defendant was able to prove fraud
  • Homes for Haringey v Fari, [2013] EWHC 757 (QB), successful contempt proceedings following the first Summers v Fairclough Homes strike out application

Who to contact

Ben Sundborg

Ben Sundborg is the Senior Practice Manager for the Fraud team and will, along with the clerking team below, be able to help you with any questions.


Ben SundborgEmail


Call: +44 (0)20 7832 1179


View clerk's team

William Norris QC

William Norris QC

Call: 1974 Silk: 1997

Derek O'Sullivan QC

Derek O'Sullivan QC

Call: 1990 Silk: 2016

James Todd

James Todd

Call: 1990

Sadie Crapper

Sadie Crapper

Call: 2004

Robert Lazarus

Robert Lazarus

Call: 2004

Quintin Fraser

Quintin Fraser

Call: 2006

Angela Rainey

Angela Rainey

Call: 2010

Call +44 (0)20 7832 1111 for more information

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