Decision supports recent legislative changes designed to fight insurance fraud

Settlement agreements can be set aside where new evidence comes to light which proves a fraudulent claim, the Supreme Court has unanimously ruled.

In an important decision for insurers and those advising personal injury claimants, the justices unanimously held that where a representee has been induced to act to their detriment, they can later recover damages for deceit based on fraudulent misrepresentation.

Lord Toulson, who concurred with the lead judgment given by Lord Clarke, explained: 'The question whether there has been inducement is a question of fact which goes to the issue of causation. The way in which a fraudulent misrepresentation m...

Jean-Yves Gilg
Solicitors Journal

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