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Is there fraud in liability claims?

Is there fraud in liability claims?. Footballer jailed after team photo reveals lie over injury The Daily Telegraph / 7th December 2005 A footballer who hurt his knee in a tackle then claimed he had tripped on a faulty pavement was jailed for 14 days yesterday for contempt of court.

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Is there fraud in liability claims?

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  1. Is there fraud in liability claims? • Footballer jailed after team photo reveals lie over injuryThe Daily Telegraph / 7th December 2005 A footballer who hurt his knee in a tackle then claimed he had tripped on a faulty pavement was jailed for 14 days yesterday for contempt of court. Matthew Hughes, 26, of Pontlottyn, Caerphilly, South Wales, also faces a legal bill of £32,000 in what is thought to be the first case of its kind. Two friends who supported his fraudulent compensation claim against Caerphilly council - Christian Rowlands, 34, and Jamie Verity, 26 - were each fined £1,500 for contempt. All three were found to have made false "statements of truth" - the modern equivalent of affidavits - in proceedings against the council. Mr Justice Silber gave a warning that people who made false witness statements to bring fraudulent claims could in future expect "substantially longer" sentences than he imposed on Hughes.

  2. Agenda for change • Governments Response to Fraud - Fraud Act - Fraud Review - National Strategic Fraud Authority (Reporting Centre) - Compensation Act • Insurance Industry Response - Insurance Fraud Bureau - ABI Anti Fraud Committee - ABI publication of value of detected claims (July 2007) * 2004 – uncovered £200m

  3. Fraud & The Fraud Act • Historically a range of criminal offences at common law and statute (Theft Acts 1968 –1996). No translation to civil law and closest principles were Fraudulent Misrepresentation & Tort of Deceit • Simplified since the introduction of the Fraud Act 2006 (effective 15th January 2007) Now comprises: - Fraud by false representation (section 2) - Fraud by failing to disclose information (section 3) - Fraud by abusing a position of trust (section 4) • Summary conviction: fine £5000 – 12 months imprisonment On Indictment : Fine Unlimited – 10 years imprisonment

  4. DEFENCE: To plead or not to plead • The evidential burden: The reversed burden of proof • Standard of proof: Shifting between the civil and criminal The more serious the allegation the higher the standard Hornal v Neuberger Products Ltd 1957 • Severe consequences for unsubstantiated allegations Cooper v P & O Stena Line Ltd 1999 • Professional Obligations : Codes of Conduct Medcalf v Mardell AC 2003 • CPR Rules : Part 16 and ‘Queens Bench Guide‘

  5. Challenges • Pre Action Protocol Current Position – Documentary evidence/timescales • Proposed Reforms Increase in fast track limit Strict time limits for admissions - 15 & 30 days

  6. Investigation Overview Desktops CASE EVIDENCE Documentation Field Investigations Expert Investigations/Instructions Surveillance Miscellaneous Investigations

  7. Investigative Tools - Legal • Disclosure – CPR 31 A: Pre-Action Disclosure B: Standard Disclosure C: Specific and Non-Party Disclosure • CPR 18 and 35 • ID Evidence/Proof of Residency - POCA

  8. Witness Statements/Evidence • Courts power to control evidence – CPR 32 - Importance of getting it right - Late service • What evidence should be served and when • Witness summaries – tactical use of • False statements and contempt of court proceedings

  9. Intelligence Tools Human Sources Open Sources Access Restricted Sources Organisations • Law Society/Bar Council • Claims Management Regulation and Monitoring and Compliance Unit – Ministry of Justice • Security Industries Authority

  10. Expert Evidence • Types of evidence -Forensic Engineers - Accident reconstruction experts - Handwriting experts - Medical experts - Forensic accountancy - Mobile phone forensic experts - CCTV analysis - Computer forensic experts – data recovery/mining • Correct Procedure - when and how to disclose - permission of the court

  11. Obtaining evidence – admissibility • R v Khan (Sultan) (1997) • Jones v University of Warwick (2003) • Morrison v Avecot Hardware Plc (2003) • Painting v Oxford University (2005) • Conduct Rules

  12. Question time…..

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