Case

Vasile v Ioan & AXA Insurance UK PLC

17/11/2015

Practice Areas

Civil FraudInsurance

Successful application to amend defence and strike out a claim as an abuse of process (applying Summers v Fairclough Homes Ltd [2012] UKSC 26; [2012] 1 W.L.R 2004) on grounds of fundamental dishonesty in a related but unissued personal injury claim.

The issued claim was for credit hire and motor-related expenses alone but there was clear evidence that the claimant had submitted a claim for personal injury through the RTA Portal despite later admitting that she had not been present in her vehicle at all. The Judge accepted that such dishonesty vitiated all elements of her claim because the evidence as to whether any collision occurred, as well as the extent of any loss, depended on the claimant’s credibility. This had been fatally undermined by her dishonesty in the related claim, such that she had forfeited her right to a full trial.


Related Barristers


Lionel Stride

Lionel Stride
Year of Call: 2005