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 a significant 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. Many see that judgment as the forerunner of section 57 of the Criminal Justice and Courts Act 2015 which creates the presumption that the personal injury claim of a claimant who has been fundamentally dishonest will be struck out.   Barristers at 39 Essex Chambers are highly skilled in advising on and preparing fraud cases and recognise the need for instructions to be dealt with expeditiously to achieve the best results. Members of Chambers have acted in many of the leading fraud cases which have followed Summers including Fari, Admans and Sikand.

Our barristers regularly deal with the whole range of personal injury fraud cases from high value exaggeration fraud through to fabricated accident claims involving fraud rings. We operate a ‘cradle to grave’ service with Members of Chambers frequently being introduced to a case at an early stage to evaluate the evidence on fraud and steer the claim to a successful conclusion. Members take a robust approach with regard to such cases and are alive to the need to consider further action, such as committal or the involvement of IFED to ensure that proven cases of fraud have the maximum deterrent effect possible to would-be fraudsters.  Finally, members of the specialist costs team in Chambers are often brought in to ensure that the maximum costs recovery can be sought against fraudsters and those who support their claims.

Members of Chambers regularly act in fraud cases involving:

  • Findings of fundamental dishonesty claims
  • The use of Section 57 of the Criminal Justice and Courts Act 2015
  • Abuse of process applications
  • Exaggeration fraud
  • Fraud rings
  • Late discontinuance in the face of allegations of fraud
  • Committal proceedings
  • CRU appeals in light of evidence of fraud
  • Costs issues relating to fraudulent claims

Representative cases include:

  • Ryan v Prescott-Thomas Ltd [2016] EWHC 3136 (QB), which dealt with the distinction between exaggerated and wholly concocted claims in respect of fundamental dishonesty and costs
  • Sikand v CS Lounge Suite, 11 July 2016, DJ Avent in MCLC, exaggeration fraud case where claim was struck out as the claimant’s untruths were so serious that they had contaminated the whole case and he had forfeited his right to a trial
  • Admans v Two Saints Ltd., 24 June 2016, Recorder James Watson QC in Swindon CC, claimant had dishonesty exaggerated her disability over an extended period for material gain and the claim was struck out as an abuse of process
  • Homes for Haringey v Fari, [2013] EWHC 757 (QB), successful contempt proceedings following the first Summers v Fairclough Homes strike out application
  • Hogwood v Sunderland County Council, one of over 100 linked PL claims arising from a dishonest claims management company operating in the North West. Claim discontinued following the use of a Covert Human Intelligence Source and in the face of disclosure of the Defendant’s case on fraud.
  • 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
  • Barnes v Seabrook, Hill v Gough, South West Fire & Rescue v Smith, [2010] EWHC 1849 (Admin), an appeal dealing with contempt proceedings and the correct procedure to be used

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

Neil Block QC

Neil Block QC

Call: 1980 Silk: 2002

William Norris QC

William Norris QC

Call: 1974 Silk: 1997

Susan Rodway QC

Susan Rodway QC

Call: 1981 Silk: 2002

Derek O'Sullivan QC

Derek O'Sullivan QC

Call: 1990 Silk: 2016

James Todd

James Todd

Call: 1990

Emily Formby

Emily Formby

Call: 1993

Judith Ayling

Judith Ayling

Call: 1998

Romilly Cummerson
Nicola Greaney

Nicola Greaney

Call: 1999

Sadie Crapper

Sadie Crapper

Call: 2004

Robert Lazarus

Robert Lazarus

Call: 2004

Quintin Fraser

Quintin Fraser

Call: 2006

Edmund Townsend

Edmund Townsend

Call: 2006

Angela Rainey

Angela Rainey

Call: 2010

Emma Corkill

Emma Corkill

Call: 2010

Nicola Kohn

Nicola Kohn

Call: 2012

Rosie Scott

Rosie Scott

Call: 2013

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

Barrister portfolio

Close

Click the + icon next to any barrister to add their profile to this portfolio.

BarristerCallCVEmail

3