Podcast Location:
Download it here [file size: 25.6 MB]
Categories:
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 outlines the facts of the Widlake v BAA case and the High Court decision which was later reconsidered by the Court of Appeal. The decision focused on the amount of compensation that the Claimant received and the division of the Costs when there is alleged exaggeration or dishonesty by a Claimant during the course of Civil proceedings. It will also outlines the relevant Civil Procedure Rules concerning fraud being discovered during the process of litigation; specifically CPR 32.14, which concerns the Contempt of Court provisions and CPR 44 which concerns the Costs provisions.

The contributor also provides an insight into the earlier two decisions of Molloy v Shell UK Ltd (2001) and Painting v University of Oxford (2005). The contributor also provides practical advice to practitioners considering making a Part 36 offer.

The final part of the podcast provides an insight into the most recent decision on the issue of exaggerated or dishonest claims in Morton v Portal. It considers when Defendants can rely upon the ex turpi causa Defence.

Outcomes:
After completing the course you will:
  • Understand the facts and details of the Widlake v BAA case and the factors that Courts ought to consider when assessing an alleged exaggerated or dishonest claim;
  • Appreciate the Civil Procedure Rules concerning fraud being alleged during civil proceedings;
  • Comprehend the distinguishing features in the earlier two decisions of Molloy v Shell UK Ltd (2001) and Painting v University of Oxford (2005) which were decided prior to Widlake;
  • Understand practical matters that ought to be considered in proceedings when there is a seemingly dishonest Claimant; including when, and whether, to make a Part 36 Offer and the possibility of making allegations of Professional Negligence against Solicitors acting in such proceedings;
  • Appreciate when the ex turpi causa Defence can be relied upon by Defendants during proceedings where the Claimant has allegedly exaggerated a claim;
  • Gain an understanding into the decision of Morton v Portal; the most recent Appellate Court decision on the issue of exaggerated or dishonest claims by a Claimant.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Sources and References:
  • Widlake v BAA Ltd (2009) EWCA Civ 1256;
  • Molloy v Shell UK Ltd (2001) EWCA Civ 1272;
  • Painting v University of Oxford (2005) EWCA Civ 161;
  • Shah v Wasim ul-Haq (2009) EWCA Civ 542;
  • Moore Stephens v Stone Rolls Ltd (2009) UKHL 39;
  • Kirk V Walton (2008) EWHC 1780 (QB);
  • John Christopher Morton v Portal Ltd (2010) EWHC 1804 (QB).
Tags:

In this CPDcast, Andrew Gillett, provides an insight into how to effectively respond to allegations of fraudulent or exaggerated evidence provided by Claimants in Civil proceedings.

Podcast last reviewed: 2012-01-30

Start this CPDcast Activity

© CPDcast.com