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  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.
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.
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.
Call: +44 (0)20 7832 1179