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 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.
Members of Chambers are regularly instructed to advise on committal proceedings and members of Chambers achieved the first committal proceedings brought by an NHS Trust in the case of Calderdale and Huddersfield NHS Foundation Trust v Sandip Atwal  EWHC 961 (QB), which was widely reported in light of its significance. See the BBC coverage of the case here.
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. To see what the Chambers’ costs team has to offer click here: (hyperlink to the costs page, please).
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
Call: 1980 Silk: 2002
Call: 1974 Silk: 1997
Call: 1981 Silk: 2002
Call: 1990 Silk: 2016
Call: 1983 Silk: 2017