Claimant wins fraudulent claim

Judith Thompson  04-05-2016

A recent Court of Appeal decision has highlighted the importance of dealing with cases promptly, and making applications to the Court without delay.

In this rather unusual case, a claim for damages was brought, which the Court believed was fraudulent. The defendant did not deal with the claim properly, and so the claimant obtained default judgment for the damages they sought. 

The insurer made an application to have the default judgment set aside. However, this was unanimously dismissed by the Court of Appeal, even though the claim was probably not a valid one in the first place.

The Court confirmed that there was no excuse for the delay in making the application to have the default judgment set aside. 

This case is another in a long line of cases where the Court has refused to allow delaying parties put things right later. The strong message is that you have to deal with claims properly, at the appropriate time, or you risk having your case struck out. 

If your solicitor has not dealt with a case properly, which has meant you have lost your claim, or have been ordered to pay damages to your opponent, this could be professional negligence. 

We are experts in professional negligence claims and have brought many successful claims for clients, against their former solicitors. Our managing partner is a long standing member of the Professional Negligence Lawyers Association. 

We also appreciate that you may not have the funds to pay for a second set of solicitors and so we have developed a range of litigation funding options, and can tailor a package to meet your specific requirements. 

Contact us today for a free no obligation discussion about how we can help.