Shah v Ul-Haq [2009] EWCA Civ 542 – Law Journals

Conduct: Lying to the court

In the second of two articles, Suzanne Chalmers and Jack Macaulay report on dishonesty in the presentation of a claim ‘Claims that are entirely concocted are legally straightforward – if the truth is discovered, the claim will fail; if not, it will succeed. The law has had more difficulty in responding to claims where there …

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Human Rights: The limits of striking out powers

In part two of his article Steven Akerman continues his assessment of section 57’s incompatibility with human rights ‘It seems abundantly clear that the current state of the court’s opinion is that a claim will only be forfeited if the whole claim is tainted to the point that a finding at trial would be unsafe …

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Human Rights: Section 57? Incompatible… as decided by the Supreme Court

Steven Akerman examines the conflict between the new striking out powers and the Human Rights Act, in part one of this article he looks at the legislation ‘There is already authoritative UK case law that has determined that the legislation is not compatible with the said human rights provisions.’ The full effect of the Jackson …

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Procedure: Lucky strike

David Sawtell reports on the impact of Fairclough Homes on applications to strike out It would only be in a very rare case where, at the end of a trial, it would be appropriate to strike out a case rather than dismiss it on the merits. The purpose of striking out a claim was to …

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Fraud: Bad pennies

Alison Padfield considers the recovery of the costs of investigating insurance fraud: current routes and proposed reform The only remedy for breach of the duty of good faith is avoidance of the policy, not damages, so the costs of investigating a claim cannot be recovered by that route. According to the United Kingdom’s Insurance Fraud …

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Burden And Standard Of Proof: Cash for crash

David Sawtell examines the growing instance of personal injury fraud ‘Defending a case on the grounds that it is fraudulent is expensive and time consuming. Sometimes it appears that the case would have little merit if it went to trial.’ Personal injury fraud is now big business. Last year’s report by the BBC’s Panorama program …

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