Strengthening our fight against fraudsters

13 Feb 2015

A new law which supports the defendants’ challenge to fraudulent claims was granted Royal Assent yesterday.

The Criminal Justice and Courts Act contains a provision which requires courts to dismiss the whole of the claimant’s claim if it is satisfied that the claimant has been ‘fundamentally dishonest’.

Clause 56 of the Criminal Justice and Courts Act, entitled the ‘fundamentally dishonest’ clause, has received backing from defendants and their insurers.

BLM partner David Spencer issued a news update on the developments last month.

He said:

"...this legislation is a fitting conclusion to many years’ of hard work in the fraud arena. Honest claimants continue to have nothing to fear. Claimants who are dishonest, and found to be so, should not be surprised to be heavily penalised, even to the extent of forfeiting their entire claim."

Click here to read the full update and contact David Spencer if you would like any further details.

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Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to customers of BLM. Specialist legal advice should always be sought in any particular case.

Related contacts


David Spencer

David Spencer

Partner,
Manchester


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