Podcast Location:
Download it here [file size: 36.1 MB]
Categories:
Personal Injury
Fraud, Financial Crime & Anti-Money Laundering
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast explores fraudulent claims in the context of road traffic litigation and within the credit hire industry. It gives practical advice as to how to plead and litigate road traffic cases involving a suspicion of fraud and highlights the tell-tale signs of a fraudulent motor claim. It also sets out methods of spotting, investigating and dealing with the increasing number of fraudulent or exaggerated credit hire claims.

Outcomes:
After completing the course you will:
  • Be familiar with the different types of road traffic litigation that fall under the fraud umbrella;
  • Appreciate the impact fraud has on the motor insurance industry and how it can be combated;
  • Know who has the burden and standard of proof when fraud is raised;
  • Be aware of the specific obligations and procedural requirements that practitioners need to be alive to when pleading fraud;
  • Recognise the tell-tale signs of a potentially fraudulent road traffic claim;
  • Understand when credit hire fraud can arise and the different types of fraud common to this context;
  • Know how to prepare and approach potential fraud cases and have considered some tactical tips.
Level:
Specialist Difficulty: 5 of 5
Classification:
Introduction
Legal Principles
Practical Guide
Procedural
Sources and References:
  • Agheampong v Allied Manufacturing (2008);
  • Brighton & Hove Bus & Coach Company v Brooks, Tadrous & Tadrous [2001] EWHC 2819;
  • Clark v. Ardington [2003] QB 36;
  • Francis v. Wells & Churchill [2007] EWCA civ 135;
  • Hornal v. Neuberger Products Ltd [1957] 1 QB 247;
  • Kearsley v. Klarfeld [2006] 2 All E.R. 303;
  • Locke v. Stuart & AXA [2011] EWHC 399 (QB);
  • Medcalf v. Mardell [2002] 3 WLR 172;
  • Nield & Acromas v Loveday & Loveday [2011] EWHC 2324 (Admin);
  • R(N) v. Mental Health Review Tribunal (Northern Region) [2005] EWCA Civ 1605);
  • Re B (Children) (Care Proceedings: Standard of Proof) [2008] UKHL 35, [2008] 3 WLR 1;
  • Re Doherty [2008] UKHL 33;
  • Re H [1996] AC 593.

In this podcast John-Paul Swoboda from 12 King’s Bench Walk discusses fraudulent claims in the context of road traffic litigation and within the credit hire industry.

Date recorded: 6th August 2012

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