Luka Krsljanin explores cases that highlight the exceptions to the default QOCS rules ‘In many cases, the application of the QOCS rules will have stark consequences for a successful defendant – and beneficial ramifications for the unsuccessful claimant.’ This article provides a practical guide to the cases in which courts have considered when the protection …
Continue reading "Fraud: QOCS and fundamental dishonesty"
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Wills & Trusts Law Reports | September 2012 #122Anthony Morris (Mr Morris) orchestrated a series of frauds between August 2007 and April 2008 by which £52m was misappropriated from various occupational pension schemes by their trustees, GP Noble Trustees Ltd and BDC Trustees Ltd. The appellant was Independent Trustee Services Ltd (ITS), which had been appointed as trustee of the 1653 pension schemes by the Pensions Regulator in July 2008. Mr Morris was found liable in dishonest assistance for £52m and in knowing receipt for £4.89m by Peter Smith J in July 2010 ([2010] EWHC 1653 (Ch)) (the chancery action).
Mr Morris had married...
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 …
Continue reading "Fraud: Bad pennies"
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Peter Dodge discusses the potential for increased litigation and the themes that may emerge ‘Uncertainty tends to produce litigation. When the courts clarify principles of law, experienced litigants such as lenders and insurers can then compromise claims on the basis of that clarification.’ It is a truism that cyclical falls in property prices following periods …
Continue reading "Fraud: A breaking wave?"
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