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12/04/2017
Alleged fraud case. Court of Appeal decision following an insurers appeal against a finding that an accident had been proven on a balance of probabilities. Guidance given on when an appeal Court can interfere, when an acquittal of fraud can be set aside and the factors to be borne in mind, adequacy of reasons and the role that proportionality might have to play in this and whether an adverse inference ought to have been drawn. Appropriate costs order when fraud pleading fails to be proven.