Overview

For over a decade, our team of specialist barristers have been instructed by leading solicitors and insurers to defend against claims involving suspected personal injury insurance fraud.

Whilst motor insurance fraud has historically featured heavily, dishonest claims have increasingly been recognised in wider areas of personal injury litigation. Chambers has a depth of experience at all levels, including ranked individuals. Members of Chambers have:

  • dealt with the full range of fraud and Fundamental Dishonesty (FD) in both motor and other personal injury claims.
  • successfully defended claims involving staged accidents, fraud rings, phantom passengers, late-notification, low-velocity impacts and every variety of exaggerated or fabricated injury and credit hire claim.
  • marshalled open-source intelligence, social media, engineering evidence, dash cam footage, telematics and ANPR in support of fraud allegations.
  • provided advice and advocacy at every stage, from an initial assessment of whether to plead fraud through to effective cross-examination at trial.
  • conducted contempt of court and committal proceedings.
  • obtained findings of rehabilitation invoice fraud against a physiotherapist.
  • obtained wasted costs against a physiotherapist company and a Claimant’s solicitors.
  • saved insurers many thousands of pounds by preventing them having to pay out for fabricated and exaggerated claims, and allowing them to recover the costs of defending such claims by securing numerous findings of FD.

The combined skills of Chambers, can provide a complete service in defending against Civil Fraud, whether for motor claims, casualty claims, costs and credit hire.

Notable Cases

Salah v (1) Royal & Sun Alliance plc and Fastrack Storage Solutions Ltd, Wakefield County Court, 17.8.22 (Judgment) District Judge James.
Following an earlier trial in which Roger André obtained a finding of Fundamental Dishonesty (FD) and a staged slam on collision, Roger André followed by obtaining a Third Party Costs order against the credit hire and storage company, who were ordered to pay 2/3 of the Defendant’s costs of defending the Claimant’s claim and 100% of the Defendant’s £15,000 for the third party costs application.

Blake & oth v Advantage Insurance & oth (June 2022) Warwick CC
Although breach of duty against the insured was found, Roger André persuaded the Designated Civil Judge to make an order dismiss both Claimant’s PI claims and make a finding of FD under s.57 CJCA 2015 (due to exaggerated and dishonest PI claims). Accordingly, the credit hire element of the claim was struck out, with indemnity costs in favour of the Defendant insurer.

Elvidge v Covea [2021] 1 WLUK 576
Roger André represented the Defendant and obtained a finding of FD against the Claimant. Significantly, he also obtained a finding that his physiotherapist had presented a fraudulent invoice for “treatment” sessions, resulting in his referral to the Health & Care Professionals Tribunal Service. In subsequent proceedings, Roger obtained a Third Party Costs Order against the firm which issued the invoice.

Zaib v Cole (2020)
Dominique Smith acted for the Respondent in this appeal, where the Respondent was cross-appealing for a finding of fundamental dishonesty. At trial, the trial judge found the claimant’s evidence was “perforated with inconsistency” and that the claimant had exaggerated his claim, yet did not find him fundamentally dishonest. On appeal, HHJ Simpkiss held that a claimant who put forward such an inconsistent account, who could not explain aspects of his evidence and presented a different account of his injuries to the court, had to be fundamentally dishonest. He therefore dismissed the claimant’s claim under s57 of the Criminal Justice and Courts Act 2015.

Ghani v Advantage Insurance  1.10.20, 26.3.21 Burnley County Court (FD – invoiced physiotherapy dates discrepancies and alleged CBT)
Roger André represented the Defendant in a claim which included damages for personal injuries, credit hire and physiotherapy treatment, arising from an RTA on 2.5.17. Amongst the reasoning for a FD finding were (i) the Claimant presented an invoice for physiotherapy treatment both pre-dating and on the day of his medical-litigation examination which was inconsistent with the fact that the expert made no mention of treatment having taken place in the Report, but recommended he commence treatment. (ii) The Judge was not satisfied that the Claimant had 8 (orally the Claimant could only remember one) or any CBT sessions – he had exaggerated his psychological symptoms.

Rehman v Aviva UK Insurance (Birmingham County Court, Recorder McLoughlin, 1 November 2019)
Tom Collins acted for the successful Defendant in a claim for damages arising out of a low speed motor accident. Claim was found to be fundamentally dishonest (per CPR 44.16) on the basis of inconsistencies including whether her vehicle was shunted or was still touching the Defendant’s insured vehicle after the accident. Found to have falsely reported ongoing neck symptoms to her medical expert a few days after confirming to her treating physiotherapist that she was fully recovered.

Akotiah v Piskorz (Clerkenwell & Shoreditch County Court, District Judge Bell, 16 August 2019)
Tom Collins acted for the successful Defendant in a claim for damages arising out of a low speed motor accident. Claim was found to be fundamentally dishonest (per CPR 44.16) on the basis of inconsistencies regarding the number of passengers in his vehicle, his injuries and the extent of the damage to his vehicle.

Aviva UK Insurance v Lawrence, (Oxford County Court, HHJ Clarke, 10 April 2018)
Tom Collins acted for the successful appellant in an appeal on the meaning of a ‘related claim’per section 57 of the Criminal Justice and Courts Act 2015. Arose out a “phantom passenger” claim where the disputed occupants had intimated but not issued claims. Held that even a pre-action claim constitutes a ‘related claim’.

Brighthouse Ltd v Tazegul​ [2016] EWHC 2277 (QB)
Spencer J considered when it was appropriate to allow a Defendant’s appeal and order a retrial when fresh evidence suggested that the judge at first instance had been misled.  In the instant case there was evidence to suggest that the Claimant and an allegedly independent witness in fact knew each other and had perjured themselves.  There was a prima facie case of fraud and the matter was remitted back to the lower court for fresh determination.  Ian Clarke represented the successful Defendant.

Civil Fraud Barristers

Gaurang Naik


Call: 1985

Maurice Rifat

Maurice Rifat


Call: 1990

Johnathan Payne


Call: 1997

Roger André

Roger André


Call: 1999

Russell Wilcox

Dr Russell Wilcox


Call: 2000

Simon Trigger

Simon Trigger


Call: 2000

Ian Stebbings

Ian Stebbings


Call: 2001

Andrew Spencer

Andrew Spencer


Call: 2004

Bernard Pressman

Bernard Pressman


Call: 2004

James Byrne


Call: 2006

Roderick Abbott

Roderick Abbott


Call: 2006

Robert Parkin

Robert Parkin


Call: 2009

Tom Collins

Tom Collins


Call: 2010

William Dean


Call: 2011

Conor Kennedy

Conor Kennedy


Call: 2011

Francesca O'Neill

Francesca O’Neill


Call: 2012

Ella Davis

Ella Davis


Call: 2013

Max Melsa


Call: 2015

Kerry Nicholson

Kerry Nicholson


Call: 2015

Dominique Smith

Dominique Smith


Call: 2016

Richard Collier

Richard Collier


Call: 2016

Jake Richards


Call: 2017

Thomas Yarrow

Thomas Yarrow


Call: 2018

Henk Soede

Henk Soede


Call: 2019

Anirudh Mandagere

Anirudh Mandagere


Call: 2019

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