Areas of expertise

Fraud

12KBW barristers act in many of the leading cases involving allegations of fraud in personal injury and related claims. Our barristers have considerable experience in drafting pleadings where fraud is alleged, and in providing strategic advice at all stages up to trial, as well as acting in subsequent contempt of court proceedings.

We have particular expertise in personal injury cases involving alleged exaggeration or malingering.  We provide tactical advice in relation to the use of surveillance, social media evidence, and insurance database material.

In the context of road traffic accidents we act in cases concerning alleged low velocity impacts, phantom passengers and staged accidents.  We have appeared in numerous cases involving suspected fraud rings.

Our barristers also provide advice in relation to associated costs issues, including applications for indemnity, wasted, or third party costs orders, or for qualified one-way costs shifting to be disapplied on grounds of fundamental dishonesty.

Key cases in which we have acted include:

  • Brighton & Hove Bus & Coach Co Ltd v Brooks
  • Motor Insurers’ Bureau v Shikell and Others
  • Tadrous & Tadrous (contempt of court proceedings)
  • Owens v Noble (fresh evidence tending to show deliberate exaggeration)
  • O’Leary v Tunnelcraft and Douglas v O’Neill (two of the leading authorities on the admission of surveillance evidence)
  • Ali v Caton (1) Motor Insurers’ Bureau (2) (alleged malingering).

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