INSURANCE FRAUD - Barristers Chambers Manchester · Personal Injury Bar Association PROFILE Nick...

INSURANCE FRAUD

Manchester M3 4DNT 0161 955 9000F 0161 955 [email protected]

Robust – Resourceful – Reliable

Commercial & Property

Crime

Employment

Family

Health & Safety

Housing

Insurance Fraud

Personal Injury

Public

“A fi rst tier fi rm – off ers a very good availability of counsel and the clerks are superb at off ering alternatives”Legal 500 2011

INSURANCE FRAUD


Insurance Fraud

Our instructing solicitors are serious about fraud work. That is why they instruct 9 St. John Street Chambers for insurance fraud, whether that be warehouse arson, a non-disclosure issue on a household policy or a staged road traffic accident.

Our expertise is in serving the insurance market through our instructing solicitors, though we will of course accept instructions for claimants or the insured.

Members of our chambers have led the market in partnership with our instructing solicitors on fraud rings, the tort of deceit, exemplary damages, and low velocity impact. We are proud to have been proven a leading chambers nationally on these issues and more.

The diversity of ‘insurance fraud’ issues should not be overlooked. The 9 St. John Street team have counsel who have experience and expertise in the following areas:• Staged accidents/RTA fraud.• High value ‘malingering’ PI cases.• Permanent Health Insurance, PPI.• Property insurance (from arson to staged

burglaries)• Non-disclosure/misrepresentation issues.• Exaggerated policy claims.• Technical issues concerning the Road Traffic

Act and MIB.

You can expect good quality service from our clerking team. Our clerks actually understand what insurance fraud is about. They have received training from our barristers on the different classes of case and so are better placed to recommend appropriate counsel.

Our qualities are what solicitors conducting insurance fraud work actually need: an ability to deal with technical legal points, an ethical approach, capacity for objective frank advice and, most of all, advocacy that is both skilled and robust in court.

Costs cannot be ignored. We ensure that we offer good value. Our fees are predictable and sensible.

We provide our specialist fraud services both to those insurers on whose panels we feature and to those insurers for whom we are an ‘off-panel’ choice.

Please contact the senior civil clerk, Tony Morrissey, for more details of how we can assist you service your clients’ needs better on 0161 955 5176 or [email protected].

Chris Kennedy QC (Head of Group)

Brian McCluggage (Group Secretary)

“9 St John St are one of the best, most reliable chambers, with barristers who understand the issues and get to the heart of matters with fraud issues. The barristers are easy to engage with/approachable and very user friendly with clients. A real asset to instruct.”Lorraine Carolan, Partner/National Head of Claims Validation Team, Beachcroft LLP

“Keoghs Counter Fraud Services have enjoyed an excellent working relationship with 9 St John St fraud team for many years. Chambers combine years of expertise with pragmatism and always work with their instructing solicitor as part of a team in the fight against fraud.”Avrom Topperman, Partner, Counter Fraud Services, Keoghs LLP

2013

TOP TIER SET2014

TOP TIER SET

INSURANCE FRAUD


NICK HINCHLIFFE QC

YEAR OF CALL1980, Middle Temple

EDUCATIONLLB (Hons), Manchester University

ASSOCIATIONSPersonal Injury Bar Association

PROFILENick has acted for insurers with great success in civil fraud claims over a number of years. He is particularly adept at analysing evidence and identifying weaknesses in false claims. He brings to cases a strong Court performance and Solicitors have frequently been impressed by his forensic skills and determined cross-examination.

In addition he has advised insurers in respect of recoverability of costs and damages paid under the Road Traffi c Act provisions.

NINE ST JOHN CV FRAUD.indd 1 16/11/2011 11:50

INSURANCE FRAUD


MARK MONAGHAN

YEAR OF CALL1987

EDUCATIONLLB (Hons), Sheffi eld University

PROFILEMr Monaghan’s practice was initially (and for over 10 years) one of general common law including civil and criminal trials, before becoming more concentrated upon criminal and regulatory work, including individual frauds, conspiracy to defraud and cases involving vehicles and RTAs. His fraud work has included cases relating to staged accidents.

Mr Monaghan has substantial experience of conducting contested hearings before Judges, juries and regulatory panels. He is an experienced and confi dent trial advocate, and an eff ective cross examiner of both lay and expert witnesses.

He is used to advising in conference at an early stage and draft ing documents of all types


INSURANCE FRAUD


“Very easy to deal with, he goes the extra mile and is extremely approachable.” “Calm and considered, he’s absolutely on the point when cross-examining witnesses.”Chambers & Partners 2015

PROFILEChris has been defending insurers against fraudulent claims for nearly 15 years. He successfully represented two insurers in the first case which went to trial, where damages were obtained from the organisers of a fraud ring. In doing so he helped establish a template for this kind of action. More recently, both as a junior and in silk, he has assisted in dealing with several fraud rings where the sums claimed amounted to between £1 million and £2 million. He is used to identifying the client’s objectives and advising on the appropriate strategy to meet them. He particularly enjoys being involved with the collation and presentation of evidence and works well in the team environment which they generate. He is also very experienced in advising on the various sensitive issues which cases of this sort often throw up.

CHRISTOPHER KENNEDY QC

YEAR OF CALL1989, Gray’s Inn

EDUCATIONBA (Hons), Gonville & Caius College, Cambridge University

ASSOCIATIONSPersonal Injury Bar AssociationProfessional Negligence Bar AssociationHealth and Safety Lawyers Association

INSURANCE FRAUD


Nigel gruNdy

Nigel Grundy is “a first-class advocate, who offers refreshingly robust opinions” and “can assimilate vast amounts of information very quickly.”Chambers & Partners 2011

“Skilful, very well thought of.”Legal 500 – 2010

“Nigel Grundy clients hail him as a star ‘One of the best you could hope to hear in court’, he is ‘a force to be reckoned with’ on restrictive covenants, discrimination and industrial disputes amongst others.”Chambers & Partners 2010

“Nigel Grundy is ‘one of the best speakers around’ and an ‘outstanding force to be reckoned with’; an advocate with an ‘impressive grasp of the details of a case’.”Chambers & Partners 2009

“Is a popular choice for local authority work”Legal 500 – 2008

“Nigel Grundy has a ‘good manner with clients’ and knows his way round a tribunal.”Chambers & Partners 2007

yeAr OF CAll1983, Middle Temple

eduCATiONMA Jurisprudence, Pembroke College, Oxford

ASSOCiATiONSPersonal Injury Bar AssociationProfessional Negligence Bar Association

APPOiNTMeNTSRecorder of the Crown and County Courts

PrOFileNigel Grundy has been involved in insurance fraud cases for over 20 years. He has seen the development of many different types of and more sophisticated individual frauds and fraud rings.

He has experience and expertise in advising and dealing with all types of RTA fraud, property insurance fraud (Arson), permanent health insurance fraud, personal injury fraud (exaggerated claims).

He represented Airtours PLC in a dispute about a large claim brought by a pilot under a PHI policy [16.1.02; Appeal – 2002 EWCA Civ.1659].

Recently he has been involved in advising and defending claims arising from “minibus fraud rings”. He is renowned for his attention to detail and cross-examination skills.

He has had recent success in exposing and defeating fraudulent RTA claims before Swift J in Nottingham and for Keoghs in a fraud claim heard in Cardiff.

INSURANCE FRAUD


ALISTAIR BOWER

YEAR OF CALL1986, Inner Temple

EDUCATIONLLB Hons University of Manchester


PROFILEAlistair has had considerable experience in the broad spectrum of motor insurance fraud litigation. He has dealt with a variety of claims involving fraud issues, including:

• Low velocity impact issues.

• Exaggerated claims.

• Staged or induced collisions.

• Phantom passenger claims.

Alistair regularly receives instructions to defend fraudulent claims on behalf of major insurance companies. He is experienced in dealing with the issues arising in such cases. He strives to maintain an approachable style while ensuring clear consideration of the issues.

Alistair regularly advises pre-proceedings in conference and in writing in addition to draft ing pleadings as required. He regularly attends Court to defend trials both at fast track and multi-track level in addition to dealing with interlocutory matters. Alistair aims to provide a prompt turnaround of paperwork and reliable advocacy.

INSURANCE FRAUD


YEAR OF CALL1992

EDUCATIONLLB (Hons) Lancaster UniversityMB ChB Manchester UniversityMSc (Ortho. Eng.) Cardiff University

ASSOCIATIONSPersonal Injury Bar AssociationAwards & ScholarshipsDuke of Edinburgh Entrance Scholar, Inner Temple

DR ANTHONY HOWARD

APPOINTMENTSAssistant Deputy Coroner

PROFILEAnthony Howard has been dealing with fraud issues for in excess of 15 years and enjoys a wealth of experience at both County and High Court Level. Th is experience encompasses everything from fi ctional accident and passengers to exaggerated claims.

Anthony practices as a Doctor and has undertaken research in Orthopaedic Engineering, which has been internationally recognised. Th is additional knowledge gives him a truly unique ability to challenge and interrogate both medical and engineering evidence alike; a powerful resource for dealing with medical causation and low velocity impact claims.

Anthony prides himself on dealing with papers promptly and is keen to work as a member of the legal team during case preparation; encouraging calls from instructing solicitors when diffi culties are encountered or when informal input is required.

Anthony spent a year on secondment working for Johnson, Stokes and Master in Hong Kong; the largest Solicitors fi rm in Asia. Th is experience gave him insight into the challenges and demands made on solicitors, which is of great benefi t to those who instruct him.

Anthony off ers an insightful and pragmatic approach to litigation, robust approach in court and is meticulous in his preparation, all of which make him a value asset in fraud litigation.


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KARIM SABRY

YEAR OF CALL1992 Inner Temple

EDUCATIONBA( Hons) University of Central Lancashire


PROFILEKarim is a highly experienced and accomplished advocate who is well-versed in the full spectrum of fraud issues arising in road traffic liability claims, including:

• Induced and staged collisions;

• Phantom passenger claims;

• Low velocity impact arguments;

• Exaggerated injury and loss;

• MIB matters;

• Fraudulently damaged vehicles;

• Challenging expert engineering and medical evidence;

• Withdrawal of indemnity;

• Individual and large-scale fraud investigations, including police operations;

• Indemnity cost issues and general procedural matters.

Karim regularly advises at the pre-proceedings stage both in writing and in conference with witnesses and clients. His written work includes advising on liability and quantum, along with the preparation of Defences and Part 18 Requests.

A prompt and efficient turnaround of all paperwork is guaranteed. He also regularly provides seminars to solicitors on all aspects of fraud litigation and recent developments.

Karim regularly attends court on all interlocutory matters arising in fraud cases, as well as defending trials at Fast-Track and Multi-Track level as well as on Appeal.

INSURANCE FRAUD


PROFILE James is very experienced in dealing with fraud cases. In road traffic litigation James frequently advises and appears at Court in cases involving the following issues:

• Low velocity impact/causation defences,

• Phantom passengers,

• Contrived or staged accidents

• Exaggerated or inconsistent damage cases.

He is very familiar with, and frequently advises in relation to evidence in fraud investigations, including the use of social media and surveillance evidence.

James regularly advises in relation to exaggerated claims/malingering, arising from orthopaedic and psychiatric injuries, as well as fraudulent/exaggerated claims for special damages, such as loss of earnings, credit hire and bogus physiotherapy/treatment charges.

James also deals with other areas of fraud work, including employer’s liability and public liability claims. He recently obtained a finding of fraud and indemnity costs, in respect of a tripping claim by a prisoner, litigating against the Prison Service, relying on anonymous intelligence evidence.

JAMES HURD

YEAR OF CALL1994 Gray’s Inn

EDUCATIONLLB (Hons) University of Birmingham

APPOINTMENTSJunior Counsel to the Crown (Regional Panel) – appointed 2007 and re-appointed 2010

Legal Assessor to the Health and Care Professionals Council (2010)

ASSOCIATIONSPersonal Injury Bar AssociationJames was described as a Leading Junior on the Northern Circuit, in the 2014 Legal 500, for personal injury work: “He makes well-timed decisions to meet the needs of the situation.”

INSURANCE FRAUD


PROFILEMike Lemmy specialises in representing insurance companies in relation to fraudulent claims. He conducted his first ‘fraud’ trial over 10 years ago and since then has accumulated a wealth of experience relating to all aspects of this particular type of litigation. He has been ‘recommended’ in personal injury litigation by the Legal 500 since 2005.

Mike Lemmy regularly advises and represents insurance companies on complex fraud rings, technical insurance points including breach of contract and utmost good faith, appeals, staged accidents and phantom passenger claims.

Notable recent achievements include obtaining a Third Party Costs Order that a Credit Hire Company do pay the costs of an unsuccessful claim on the basis that the claim for hire was entirely false and successful appeals to the Designated Circuit Judge against refusals to set-aside Judgment in Default in suspected fraudulent claims. Mike Lemmy has also been successful in obtaining awards of exemplary damages in counterclaims arising out of both phantom passenger claims and fraud rings.

Mike Lemmy is very proactive in the development of strategies to resist fraudulent claims and has given a number of high profile presentations to the Insurance Fraud Bureau and the Insurance Fraud Investigators Group. He regularly provides seminars to the leading law firms on all aspects of fraud litigation and plays an active role in 9 St John Street’s own programme of seminars.

MICHAEL LEMMY


EDUCATIONLLB (Hons), Queen Mary College, University of London


INSURANCE FRAUD


“He is technically very good and his strategic advice is always spot-on.” “He is definitely leading the way, particularly in terms of complex fraud rings: he just gets it.”Chambers & Partners 2015

“He’s pragmatic, personable and proactive.”Chambers & Partners 2014

“is ‘impressive with clients and experts’.”Legal 500 2013

“Brian McCluggage has a broad practice which encompasses employment and insurance law alongside his personal injury caseload.”Chambers & Partners 2013

“…one of the best juniors in Manchester”Legal 500 2012

“Absolutely superb”Chambers & Partners 2012


EDUCATIONMA (Hons) Law, Cambridge UniversityLLM, University of TorontoMiddle Temple Fox Scholar

PROFESSIONAL MEMBERSHIPSBritish Insurance Lawyers AssociationPersonal Injury Bar AssociationEmployment Lawyers Association

BRIAN McCLUGGAGE

APPOINTMENTSFee paid Employment Judge (2010)Attorney General’s Panel – Provincial (“Treasury Counsel”) (2002)

PROFILEBrian McCluggage’s practice covers general insurance law issues, with an emphasis on cases involving allegations of dishonesty.

Mr. McCluggage enjoyed a solid grounding in insurance law at the outset of his career, having studied insurance law at the University of Toronto as a post-graduate student and undertaken an insurance pupillage in London. He has maintained traditional insurance policy work within his practice, involving non-disclosure/misrepresentation, policy construction and other legal/technical points in property, PHI, PPI, motor and other policy types.

Mr. McCluggage is however best known for his expertise in dealing with fraud issues in insurance law. He has been at the forefront of advancing insurers’ interests in property and motor insurance cases in particular through the torts of deceit and conspiracy, exemplary damages, and in general litigation in the High Court and County Courts. Having been instructed in fraud cases for some 15 years, he holds a considerable body of experience in this field. Though he is interested in technical points, his instructing solicitors value him most for his courtroom advocacy, particularly cross-examination skills.

He is regularly instructed to advise, draft papers and conduct advocacy in cases of strategic or commercial importance to insurers. He has significant experience of conducting and advising in substantial ‘fraud ring’ cases.

His expertise extends to defending exaggerated personal injury claims. Mr McCluggage is instructed in high value suspect malingering cases involving conditions such as chronic

regional pain syndrome, ME and fibromyalgia and he has assisted his instructing solicitors in cutting 7-figure sums off such claims.

Recent example cases include:

• “Operation Orion”: (leading Ben Morris) in Britain’s largest motor insurance civil fraud case acting on behalf of 7 insurers suing some 60 defendants in the torts of deceit and conspiracy, recovering almost £400,000 in damages including £92,000 exemplary damages.

• Zurich v. Dean & Catley: the case leading to the imprisonment of the proprietor of Nationwide Car Care. £90,000 damages including £30,000 exemplary damages in this serious fraud recovered by the insurer.

• “The Shipwrecked Frauds” (2010): findings of fraud in multi-party action in Liverpool, including against TV reality show winner of Channel 4’s Shipwrecked.

• Operation X: fraud ring involving large numbers of suspected fraudulent accidents involving the travelling community in Northamptonshire.

Instructions for paperwork are accepted by prior arrangement. Please contact Mr. McCluggage’s clerks to discuss requirements. Instructions are not accepted in LVI or Fast Track matters.

2013

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PROFILEDavid adopts a no nonsense approach to litigation and is first and foremost a trial advocate. He is a tenacious cross examiner and relishes dealing with factually complex cases.

He has been instructed by Defendant insurers for over 15 years and has substantial experience in claims involving staged accidents (whether RTA or otherwise), LVI claims and exaggerated claims.

He has a wide experience of representing many types of Defendants from individuals, large companies and insurers to local authorities.

A substantial part of his practice is multi-track work and he is happy to advise from very early on in a case so as to ensure maximum success at trial.

David also has considerable appellate court experience and is not afraid to advice clients on the merits, or otherwise, in taking a case to appeal.

David regularly gives seminars to Defendant solicitors and insurers, particularly on the practicalities and tactics in dealing with litigation. He also recognises the need for a swift turn around in paperwork and aims to achieve the same within 7 days.

DAVID CALVERT

YEAR OF CALL1995

EDUCATIONMA (Hons) St. Catherine’s College, OxfordDuke of Edinburgh Scholarship for Bar Finals

ASSOCIATIONSNorthern CircuitPersonal Injury Bar Association

INSURANCE FRAUD


PROFILEKatie has considerable experience in a broad range of fraud and fraud related litigation, working predominantly for Defendants and Th ird Party Insurance Companies, including:

• Concocted accidents;

• Bogus passenger claims;

• Low Velocity Impact claims;

• Exaggerated claims; and

• Fraudulent damages claims.

Her experience includes advising in conference and on paper; draft ing of all Court paper work including but not confi ned to Defences, Part 18 requests, Part 35 questions, Applications and accompanying witness statements; and advocacy up to and including fast track and multi track trials.

KATIE NOWELL

YEAR OF CALL1996, Lincoln’s Inn

EDUCATIONLLB, Cardiff University

ASSOCIATIONSEmployment Law Bar Association Personal Injury Bar Association Professional Negligence Bar Association

INSURANCE FRAUD


CHRIS TAFT

YEAR OF CALL1997

EDUCATION AND QUALIFICATIONSLLB (Hons) Manchester UniversityJules Thorn Memorial Scholarship (Middle Temple)

ASSOCIATIONSNorthern CircuitPersonal Injury Bar AssociationEmployment Law Bar Association

PROFILEChris acts for insurance companies in cases involving allegations (or suspicions) of fraud and has dealt with cases involving the full range of allegations including staged accidents, “phantom” passengers, LVI, false injury claims and malingering.

He is not afraid to plead fraud where the evidence justifies such a step and he enjoys the work involved, both before and at trial, which is required to prove the contention.

Chris understands the importance of careful and detailed preparation in such cases, and the importance of robust cross-examination.

In 2015 Chris spoke on the subject of Fraud in Personal Injury Claims at a major insurer’s annual fraud seminar.

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EDUCATIONBA (Hons), The University of LeedsTrinity & All Saints College


KATHRINE MALLORY

PROFILEKathrine is regularly instructed on behalf of Insurance Companies both in an advisory capacity and in providing advocacy from the interlocutory stage through to final hearing. She continues to develop a strong practice and regularly appears in court in claims involving issues as:

(i) phantom passengers;

(ii) low velocity impact;

(iii) exaggerated claims;

(iv) staged accidents.

Kathrine offers a friendly and approachable service whilst at the same time delivers clear advice in a down to earth and straight forward manner. Kathrine is happy to advise in conference and on paper. She further offers a high quality drafting service whilst endeavouring to provide a quick turn-around of papers.

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LUCINDA LEEMING


EDUCATIONBA (Hons), Oxford Brookes

PROFILELucy joined chambers in 1999 as a specialist criminal practitioner. She quickly developed a Crown Court practice and conducted trials daily on behalf of the prosecution and defence. She was frequently led in lengthy trials involving a range of the most serious offences from money laundering allegations to serious gang violence including drugs and murders. After maternity leave Lucy returned to chambers in order to pursue a practice in the area of personal injury. Now firmly established, Lucy practices exclusively in that field.

Given her wealth of trial experience Lucy is particularly well placed to represent defendants at trial. She is able to adapt her skills in order to suit the needs of each case.

Lucy appreciates the incremental approach necessary in RTA fraud cases where it is often the sum of the smaller points which gives it is overall indicator of fraudulent activity.

In respect of fraudulent claims based on allegations of employer’s liability, however, Lucy is acutely aware of the need to focus the court’s attention on the true issues upon which the claim will stand or fall as opposed to a simple, rather unsophisticated, approach which involves using all possible ammunition with the same force. Lucy firmly believes that, unless absolutely warranted, this approach serves only to loose the focus of the case and threaten to divert the court’s attention (just as it would have a jury.)

When representing the defendant in any matter, and especially in light of the recent funding changes Lucy is always aware of the potential burden on the insurer’s pocket. She already has experience of pursing costs arguments for a finding of “fundamental dishonesty” against the claimant so that any costs order can be enforced. Lucy recently successfully argued the point on credibility issues which arose during trial despite the Defence not being pleaded as a

fraud. The Insurance industry recognise Lucy’s commercial approach to this new dimension within litigation.

Lucy enjoys fostering close working relationships with her instructing solicitors in order to pursue the claim in the most effective way. She believes that counsel should offer their instructing solicitors an “open door” relationship so that each case is discussed thoroughly at an early stage in order that the difficulties are anticipated well in advance and prepared for. Of course, whilst, she is extremely comfortable to vigorously and robustly pursue a case to trial, Lucy understands the importance of assessing each case through realistic eyes in order not to waste costly time. Her approachable manner means that her instructing solicitors are assured of an excellent service and know they can discuss any aspect of the case without hesitation or apprehension.

Lucy is recognised by both instructing solicitors and other members of the bar as a skilled and highly experienced trial advocate. Her style, intellect, cross examination techniques and powers of persuasion are acknowledged as being highly effective at trial.

Lucy accepts instructions in all matters in which there are concerns as to the veracity of the claim or, indeed, actual fraud and is always happy to discuss matters over the telephone.

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PROFILEZoë is described by the Legal 500 as ‘tenacious on her feet and understanding of her clients’ and by Chambers and Partners as ‘conscientious and direct’. She has appeared in the House of Lords, the Court of Appeal and in the High Court. Zoë is head of 9 St John Street’s fraud team.

Zoë has over 15 years experience in fraud work. This experience ranges from advising and conducting trials in high profile fraud ring cases, staged and induced accidents, phantom passenger claims, and low velocity impacts. She is regularly instructed in fraud cases by the UK’s leading insurers.

Zoë has recently been involved in cases which have resulted, after the civil trial, in successful criminal prosecutions for conspiracy to defraud. She has also had cases result in awards of damages being made to insurers who have sued in the torts of conspiracy and deceit. She has also had a series of cases in which the courts have made non-liability declarations in the context of road traffic fraud.

Zoë also undertakes work for Claimants and Defendants in personal injury cases involving exaggeration, including deliberate exaggeration as well as psychogenic pain.

ZOË THOMPSON


EDUCATIONLLB (Hons), London School of Economics (1st Class)

INSURANCE FRAUD


PROFILEHelen is regularly instructed on behalf of the major insurance companies with regards to defending all aspects of fraudulent insurance claims.

Helen acts in cases relating to the following matters:• Staged and contrived road traffi c accidents.• Phantom passenger claims.• Exaggeration of orthopaedic injuries and

associated losses.• Low velocity impact claims.• Credit hire.• Breach of insurance contracts.• Actions in the tort of deceit and claims for

exemplary damages.• Misrepresentation and recovery claims.

Helen has a wealth of experience in advising insurers in terms of the tactical and strategic measures to employ. She is frequently instructed to meet with clients in conference to gauge credibility and merits.

Helen has an excellent knowledge of procedural law and receives many instructions to act in contentious interim hearings where important issues in the litigation are at stake. She adopts a thorough and meticulous approach and consistently turns around her paperwork quickly.

Helen is adept at dealing with diffi cult issues in relation to evidence, tactics and disclosure in cases linked to fraud rings.

At the successful conclusion of proceedings in which she has acted, Helen has secured the referral of a number of dishonest Claimants to the Department of Public Prosecutions.

HELEN REDMOND


EDUCATIONLLB 1997, Th e University of Liverpool (1st Class)LLM 1998, Th e University of Liverpool (Distinction)

AWARDS & SCHOLARSHIPSJohn Patterson Award 1996, Conkerton Memorial Award 1996, Lace Mawer Prize 1996, Davies Wallis Foyster Prize for Land Law 1997, British Academy Scholar 1997, Lord Justice Holker Scholar, Gray’s Inn 1998


INSURANCE FRAUD


“A joy to work with – accessible, incredibly well prepared, and technically quite brilliant.”Legal 500 2015

“Friendly and approachable.”Legal 500 2014

“Matthew Haisley stands out for his ‘total commitment to the case’.”Legal 500 – 2013

“Praised for his ‘meticulously detailed’ approach to litigation.”Chambers & Partners – 2011

SPECIALIST AREAS OF PRACTICE:Personal InjuryInsurance FraudTravel & International Personal Injury Law

PROFILEMatthew Haisley has been recognised by The Legal 500 and Chambers & Partners as a leading personal injury junior on the Northern Circuit for a number of years now. He is described as “A joy to work with – accessible, incredibly well prepared and technically quite brilliant.” (The Legal 500 – 2015)

Matthew specialises in defending local authorities, employers and many of the UK’s leading insurers against exaggerated and fraudulent claims in the context both of employer’s and public liability claims and of road traffic accidents, his extensive experience in relation to the latter including defending claims involving:

• fraud rings;

• staged and induced accidents;

• phantom passengers;

• LVI and

• exaggeration.

Recent examples of Matthew’s cases include being led by Christopher Kennedy QC in defending a large-scale fraud ring alleged to involve around 50 claims arising out of around 90 motor policies incepted for the purposes of fraud; having numerous LVI claims dismissed on the balance of probabilities and securing adverse costs against a claimant following a finding of fundamental dishonesty.


APPOINTMENTS2015 (ongoing) : Deputy District Judge2010–15: Junior Counsel to the Crown – Regional Panel (“Treasury Counsel”)

AWARDS & SCHOLARSHIPSSir Thomas More Bursary (Lincoln’s Inn)

Tancred Studentship (Lincoln’s Inn)Hardwicke Entrance Award (Lincoln’s Inn)

EDUCATIONLLB (Hons) University of Birmingham

ASSOCIATIONSPersonal Injury Bar AssociationProfessional Negligence Bar Association

MATTHEW HAISLEY

20142013 2015

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YEAR OF CALL2000 Middle Temple

EDUCATIONBA (Hons) French & Spanish, Emmanuel College, CambridgePost Graduate Diploma in Law, Nottingham Trent Law School

PRIZESDiplock Scholar (Middle Temple)Pegasus Scholar (Middle Temple)

VICTORIA RIGBY

PROFILE:Victoria has ten years’ experience in dealing with insurance fraud litigation. She has acted largely for Defendants but is happy to take instructions from Claimants.

In relation to road traffic accidents, she has considerable knowledge of the following:• Low velocity impact collisions• Induced and staged accidents• Phantom Passenger claims• Fraud rings• Exaggerated injury and loss claims• Hire Claims

In addition, Victoria has general experience in fraudulent personal injury claims including tripping and slipping where she has had considerable success at Court. She has a thorough understanding of Social Media and how it may be used evidentially.

Victoria can be relied upon for her frank, straight talking approach, whether advising in conference, drafting pleadings or in Court. She is prepared to take a robust view when appropriate whilst being sensitive to the concerns of her clients in what can be difficult and testing litigation.

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“He’s a very determined litigator, who is very able, particularly when handling complex areas of law… Very clever, very thorough and good on the detail.”Chambers & Partners 2015

“He’s very clever, thorough, good on the detail, a good negotiator and very good on his feet… He is exceptionally well prepared.”Chambers & Partners 2015

“”He is approachable and accessible.… He is someone in whom you have confidence.”Legal 500 2014

“He stands out for his enthusiasm, application and commitment, his understanding of issues, and his eagerness. He brainstorms and tries to get the best possible angles”Chambers & Partners 2014

‘…thorough, accurate and intuitive…’Legal 500 2010

MATTHEW SNARR


EDUCATIONLLB (Hons), University of Manchester

ASSOCIATIONSEmployment Law Bar AssociationPersonal Injury Bar AssociationHealth and Safety Lawyers AssociationEmployment Lawyers’ Association

APPOINTMENTSJunior Counsel to the Crown (North West) – “Treasury Counsel” (since 2007)

PROFILEMatthew is recognised nationally as one of the leading practitioners in the arena of fraud litigation.

Matthew’s practice is concentrated in multi-track litigation. He is adept at handling high value litigation claims exceeding six figure sums. He is frequently instructed in liability disputes at trial where complex cross-examination or technical legal submissions are involved.

Matthew has particular expertise in the following areas:

• 1. Fraud Rings Matthew has been instructed to act in some of the biggest civil litigation fraud rings in the country on behalf of most of the major insurance companies. Matthew acted on behalf of Allianz Insurance plc in Operation Genarch resulting in the conviction of over 25 individuals. A particular sub-specialism of his practice involves tort of deceit actions involving claims for exemplary damages.

• 2. High Value Claims Matthew frequently acts in large loss cases involving exaggeration and a malingering. Such cases include chronic regional pain syndrome, faked psychiatric disorders and dishonest exaggeration of orthopaedic injuries. Matthew is adept at dealing with video evidence disclosure issues and tactical use of medical expert evidence. Matthew is also familiar at handling self-employed loss of earnings claims and loss of business cases where false accounting is an issue.

• 3. Insurance & Tort Law Matthew is often instructed to advise on strategy and policy approaches to developing points of insurance law. He has been

instructed to act in disputes between insurers involving principles of subrogation and recoverability of loss. He has acted in actions involving breach of insurance contracts and especially breach of the duty of utmost good faith. He has experience of acting in declaration of non-liability proceedings on behalf of insurers. Matthew successfully argued the application of the doctrine ex turpi causa non oritur damun in the case of Acheampong.

• 4. Private Criminal Prosecutions Matthew has experience of advising in private criminal prosecutions where insurers consider that serious criminal offences have been committed. He is familiar with criminal procedure, the magistrates and crown court in which he appears also in criminal health and safety prosecutions.

NOTABLE CASES• Operation D [2015] – Claims involving false

physiotherapy and psychological therapy charges being invoiced where purportedly genuine personal injury claims were being advanced. Scores of claims were being advanced on this basis by a single firm of solicitors. Matthew secured a substantial order for disclosure and information (in a contested hearing against Leading Counsel) which required a statement by the senior partner explaining the firms’ conduct, mandatory Part 18 requests of all the litigants, statements from the treating medical professionals, disclosure of the original letter of instruction and original copies of medical reports. The solicitor’s firm discontinued all cases (a total of 17) and pay the wasted costs of the Defendant.

2014 2014

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• Operation B [2015] – Scores of false claims involving false policies of insurance being incepted at low risk residential addresses at which the policyholder did not actually live. Accidents either did not occur or were staged. The suspected fraud is estimated to be more than £2M. It is one of the largest rings to which a major insurer has ever been exposed. Matthew settled the Defence to numerous claims. Most of the claims have either not been pursued or discontinued. A small handful of claims currently remain before the Courts and are due for trial.

• Smyly Acheampong v Allied Manufacturing (London) Limited [2008] Central London County Court – Acted for the successful party in arguing that a large credit hire claim ought to be disallowed on the basis of anticipated illegal conduct in the future.

PUBLICATIONS• Intoxication and Inebriation: Another Late

Night – Journal of Personal Injury Law 2015 (Issue 2)

• We Need To Talk About Katie’ Personal Injury Brief Update Law Journal Dec 2012 (with Michael Lemmy)

• ‘Lights out for Excitement’ New Law Journal 25.02.11

• ‘Jelic v CC S.Yorks - ELA Briefing 01.10.10• ‘Financially Entwined’ New Law Journal

13.08.10• ‘Crash course in LVI claims’ New Law Journal

27.01.06 (with Boyd Morwood)• ‘Proving it in Reverse’ New Law Journal

13.03.09 (with Tim Horlock QC)• ‘Restoring Disorder’ New Law Journal

08.12.06 (with Boyd Morwood)

Matthew was a guest speaker at the POST Fraud Conference 2010 on the topic of ‘Tackling fraud through the civil and criminal courts’.

INSURANCE FRAUD


“I have instructed Kirsty on several fraud cases and it has been a privilege to work with her. Professional yet always friendly and approachable, she provides pragmatic and to-the-point advice and certainly isn’t afraid to tell it like it is. Against opponents in the courtroom, she is cool, calm, collected and a skilled, eloquent advocate. She shows sound judgment, impresses the clients and I have no hesitation whatsoever in recommending her.”Clyde and Co.

KIRSTY McKINLAY


EDUCATIONLL.B (Hons), University of Newcastle Upon TyneHardwicke Entrance Award (Lincoln’s Inn)


AREAS OF PRACTICEPersonal InjuryInsurance FraudClinical NegligenceCosts Litigation

PROFILEKirsty has broad experience in motor insurance fraud litigation including advising, drafting and conducting trials in relation to:


• Exaggerated losses and injuries;

• LVI claims;

• Staged and semi staged/induced collisions;

• Credit hire agreements;

• Fraud rings.

Kirsty is also regularly instructed in relation to costs issues arising out of fraudulent claims and exaggerated claims.

Kirsty is noted for her thorough approach, detailed preparation and attention to detail. Kirsty endeavours to combine a professional and commercial attitude with a friendly and approachable style and is known for providing firm and clear advice.

Kirsty regularly provides seminars and training in relation to aspects of insurance fraud including costs.

NOTABLE RECENT CASES• Ahmed v Lalik & Co-operative Insurance

Society Limited [2015] EWHC 651 (QB)

• Fairclough v Singh & Swift Cover Insurance Services [9 March 2015, HHJ Oliver-Jones QC]

• Simsek & Ors v AIG Europe (UK) Limited [November 2014]

INSURANCE FRAUD


RUSSELL DICKINSON

YEAR OF CALL2002 (Lincoln’s Inn)

EDUCATIONBA (Hons) Economics, Durham University, (Hatfield College)Post Graduate Diploma in Law, Nottingham Law SchoolBVC, Nottingham Law School


PROFILERussell has developed a significant depth of expertise and experience in fraud work over the last 10 years. He is very much a “trial lawyer” and attends court on a regular basis, which gives him an invaluable insight into the current court approach to various fraud issues. He regularly acts for Defendant Insurers in personal injury claims arising out of suspected fraudulent road traffic accidents and in high value cases of suspected malingering and/or exaggeration.

With a background in economics and finance, (including a stint working in the City in corporate finance), Russell is adept at working with figures. He combines a friendly and approachable manner with a keen eye for detail and appreciation of commercial considerations, which is regarded as a key asset by his clients. He is regularly complimented on his ability to “get on” with his lay clients and to work within a team to secure the best possible outcome for his client. This approach has led to regular instructions from a broad range of loyal clients, including many of the country’s leading insurers, local authorities and national firms of solicitors.

Areas of particular expertise in fraud work include:

• Defending claims involving suspected malingering or exaggeration, (including the use of surveillance evidence)

• Defending claims involving complex medical issues such as chronic pain conditions

• Advising in large and complex “fraud rings”

• Advising and conducting trials of suspected fraudulent accidents, (including staged/induced accidents and bogus/phantom passenger claims)

• Assisting in claims by insurers for exemplary damages against fraudulent claimants

• Advising on and advancing LVI defences

SAMPLE OF RECENT INTERESTING CASES• Instructed by the defendant employer/insurer

in respect of a claim made by an employee injured as a result of confronting a shoplifter. Issues arose as to the extent of the claimant’s injury and ongoing earning capacity. At a JSM settlement was achieved at a small fraction of the pleaded claim.

• Instructed by a local authority in an alleged tripping accident which was said to have resulted in significant injury and ongoing pain. At trial, (following robust cross-examination of the claimant), issues of capacity were raised. The claim was ultimately successfully defended and a substantial costs order secured against the claimant.

• Instructed by a large insurer in respect of suspected fraudulent road traffic accident claim. The matter was ultimately successfully defended and exemplary damages and a substantial costs order were secured for the insurer client.

INSURANCE FRAUD


YEAR OF CALL2002, Lincoln’s Inn1996, Admitted to the Roll of Solicitors

EDUCATIONLLB (Hons)Law Society Finals


JOSEPH MULDERIG

PROFILEJoseph is experienced in advising and representing insurance companies faced with suspected fraudulent claims, including:

• Staged and induced accidents

• Low speed impact collisions

• Phantom passengers

• Exaggerated claims

• Fraudulent vehicle damage

Joseph is frequently involved at an early stage to advise on merits, tactics and evidence. He regularly settles defences, Part 18 requests and Part 35 questions in claims were fraud is suspected or alleged.

He is an experienced advocate both in relation to interlocutory matters and trails. Recent trial experience includes cases involving staged accidents, low speed impacts, exaggerated injury, surveillance evidence and damage inconsistency with complex oral forensic engineering evidence.

INSURANCE FRAUD


IAN DENHAM


ASSOCIATIONSPan European Association of Personal Injury Lawyers (PEOPIL)Personal Injury Bar Association (PIBA)European Circuit of the BarNorthern Circuit

EDUCATIONMA (Oxon), St Hugh’s College, University of Oxford

PROFILEIan Denham has developed a strong reputation as a thorough and robust advocate, who takes particular pride in his meticulous case preparation. He is regularly instructed by motor insurers based in the UK and throughout Europe, including those based in France, Germany, Greece and Spain.

Ian has acted in a wide range of matters involving suspected dishonesty, exaggeration and fabrication. He has represented defendants, insurers and public bodies in cases involving suspected staged accidents, phantom passengers, exaggerated or fabricated damages and claims involving low velocity impacts (LVI).

Ian has considerable experience in matters involving road traffic accidents with a cross-border element and has lectured on Rome II and issues of jurisdiction and applicable law.

INSURANCE FRAUD


PROFILEPhilip routinely acts for Defendant Insurers and Local Authorities in personal injury claims with a fraudulent element, including high value cases involving exaggeration and malingering. In addition, Philip has a background in costs litigation which ensures he is adept at dealing with QOCS issues that may arise in relation to fundamental dishonesty and/or strike out. Philip is noted for his attention to detail in preparation and forensic advocacy at trial.

Philip’s experience of cases with a fraudulent element includes the following:

• RTAs involving allegations of phantom passengers, induced accidents and conspiracies to defraud involving the insured defendant driver

• LVI cases

• Chronic pain cases involving exaggeration and malingering

• High value cases involving surveillance footage

• Dishonest claims against employers and public bodies

Philip is used to dealing with the sometimes complex issues that can arise in respect of disclosure/privilege, evidence and third party costs orders. He has had experience of succeeding in contesting such points on appeal on several occasions.

PHILIP de BERRY


ASSOCIATIONSPersonal Injury Bar Association, Northern Circuit

EDUCATIONBVC, Nottingham Law School. LLB (Hons) Law, Liverpool University.

SCHOLARSHIPSPupillage scholarship Lincoln’s Inn

INSURANCE FRAUD


PROFILEBen Morris has developed a strong reputation for Defendant work in personal injury litigation, particularly in all aspects of insurance fraud including:


• LVI/LSI claims;

• Staged accidents;

• Exaggerated claims;

• Semi-staged accidents;

• Fraud Rings.

Ben is well versed in the tactics of running an Insurer’s case, from pre-action evidence gathering, to the draft ing of a thorough Defence and advocacy at each and every stage of the litigation process.

NOTABLE CASESDirect Line & Others v Suleman & others [2010]. Th e Times. 1 February 2010. A landmark case in which a consortium of seven UK motor insurers were awarded £300,000 in damages and £92,000 in exemplary damages from 57 members of a ‘Crash for Cash’ ring. Th e liability trial was heard by Wynn-Williams J. and the quantum hearing was heard by HHJ Holman sitting as a High Court Judge. (Led by Brian McCluggage of 9 St John Street Chambers)

BENJAMIN MORRIS


EDUCATIONPostgraduate Diploma in Law – Inns of Court School of LawMA (Cantab), King’s College, Cambridge University

PROFESSIONAL ASSOCIATIONSNorthern CircuitPersonal Injury Bar Association


INSURANCE FRAUD



EDUCATIONBA (Hons), Keble College, Oxford University


HANNAH HAINES

PROFILEHannah has extensive experience in acting for motor insurers in personal injury claims and in defending motor insurance fraud cases, including those involving the following issues:

• Low velocity impact claims

• Phantom passengers

• Staged accidents

• Induced collisions

• Exaggerated loss

• Credit hire agreements

• Withdrawal of indemnity

Hannah has broad written and adversarial experience from the pre-action stages through to trial and frequently advises in conference. She regularly advises insurers on evidence, prospects and tactics and appreciates the necessity of prompt and thorough turnaround of paper instructions.

INSURANCE FRAUD



EDUCATIONLLM, University of British Columbia (First Class)MA, Gonville and Caius College, Cambridge (Exhibitioner)Licence, University of Poitiers

AWARDS AND SCHOLARSHIPSCynthia Terry Award, Gray’s Inn (2006)Commonwealth Scholarship, awarded to study at the University of British Columbia (2003–2005)

RACHAEL LEVENE

PROFILERachael has a solid background in fraud litigation. She provides clear written and oral advice and is willing to conduct conferences early and throughout litigation to discuss tactics and litigation risks.

Rachael is happy to assist with drafting defences, witness statements, counter-schedules and she turns papers around quickly.

Rachael is known to be robust in court but also personable and understanding with clients. She is approachable and friendly, which assists both expert and lay witnesses who may be less familiar with the courtroom environment.

Rachael is regularly instructed to act for leading insurance companies and has experience of the following areas:

• phantom passengers;

• staged and induced accidents;

• LVI claims;

• fraud rings;

• exaggerated claims

Rachael has benefitted from being led by Chris Kennedy QC on a fraud trial that lasted 9 weeks and resulted in a successful outcome for the insurance companies involved.

Rachael provides a professional and down-to-earth service.

INSURANCE FRAUD


MICHAEL O’NEILL


AWARDS & SCHOLARSHIPSLord Denning Scholarship 2006, Buchanan Prize Winner 2007, Inter Varsity External Mooting Competition Winner – Inner Temple 2006

EDUCATIONLLB (Hons) University of Liverpool


PROFILEMike is regularly instructed by a number of large Defendant firms in motor fraud matters including staged/induced accidents, low velocity impact and bogus passenger claims.

His solicitors frequently ask him to provide advice as to the merits of defending matters as they draw close to trial, and to proof witnesses in conference. Equally, Mike is also asked to advise at an early stage and to give guidance as to case progression and evidence gathering.

He prides himself on giving frank and direct advice and is always mindful of the competing policy and commercial interests prevalent in such cases.

Mike regularly drafts robust Defences to suspicious claims. He is conscious of the need to set out the Defendant’s case comprehensively but without prejudicing the Defendant by making reference to matters not yet fully investigated.

Mike is, however, a trial advocate at heart, adopting a tenacious yet tactical approach to cross-examination. He is comfortable dealing with document heavy cases, bringing a thorough and forensic approach to case analysis. He recognises that the “devil is in the detail” in fraud cases and is adept at identifying the key points that can turn a case in the Defendant’s favour.

Mike is also acutely aware of the costs’ burden faced by insurers, and of the need, where possible, to recover costs from defeated claimants. He is well versed in arguing that the usual QUOCS protection should not apply, and has been successful in obtaining Defendant’s costs orders in full in LVI claims, despite there being no express pleading of fraud or dishonesty.

He recognises the need for a swift turnaround on all paperwork and is comfortable dealing with urgent cases with pressing deadlines.

He deals with both multi track and fast track work.

INSURANCE FRAUD


PROFILEWilliam has an extensive experience of dealing with personal injury fraud work. He completed his pupillage in 2008 under the supervision of Boyd Morwood. His training focused on all areas of fraud work, particularly low velocity impact litigation. William has also dealt with numerous cases involving phantom passengers, staged accidents and fraud rings.

William seeks to engender the following approach when dealing with fraud cases:

1. Robust advocacy.

2. Th orough preparation of evidence and strategy at all stages of litigation.

3. Provision of clear advice in relation to the prospects of success, taking into account the commercial factors in each case.

4. A quick turnaround on all paper instructions.

William regularly appears in court in relation to fraud cases. He also provides high quality draft ing services, including draft ing robust defences, counter-schedules and witness statements in support of interim applications. William is also pleased to advise in conference in fraud cases.


EDUCATIONLLB (Hons), First Class, University of Manchester


SCHOLARSHIPSHardwicke Entrance Award

WILLIAM HAMILTON


INSURANCE FRAUD



EDUCATIONMA, Trinity College DublinBVC, BPP Law School LondonGDL, BPP Law School London

SCHOLARSHIPSLord Denning Scholarship, Lincoln’s InnWolfson Scholarship, Lincoln’s InnEntrance Exhibitioner, Trinity College Dublin

FIONA WISE

PROFILEFiona’s personal injury work includes representing Claimants and Defendants at disposal hearings, interlocutory hearings, infant settlement approvals and small claims trials.

She is familiar with cases involving credit hire and RTA fraud, including staged accidents, bogus passengers and LVI.

Fiona accepts instructions to prepare written advices on quantum and liability, covering areas including employers’ liability, public liability and road traffic accident claims. She ensures paperwork is turned around promptly. She is also pleased to advise in conference and test witnesses, especially in fraud cases.

Prior to being called to the bar Fiona read History at Trinity College Dublin and then worked as a political researcher at the European Parliament in Brussels and Strasbourg, a role that included analysing and advising upon proposed European legislation proceeding through the Justice and Home Affairs Committee and the Committee on Security and Defence. Returning to the UK to continue her legal studies, she combined work and study as a freelance political researcher focusing on European affairs, including legislation proposed and enacted under the Area of Freedom, Security and Justice.

INSURANCE FRAUD


PROFILEJasmine is exclusively a personal injury barrister with a specialism in fraud work, she is instructed at a range of points during litigation and has experience conducting fraud multi-track and stand alone fundamental dishonestly trials and securing the desired findings. Jasmine has a real appreciation of the hurdles Defendants encounter when dealing with claims in this setting and provides tactical advice as to the practicalities of strengthening the Defendant’s position as a matter of course.

Jasmine also has a particular interest in costs litigation and enjoys the overlap between these two areas; she prides herself on always having a careful eye on the costs position.

Jasmine has developed a loyal client base and the vast majority of her work comes from repeat instructions. Jasmine prides herself on her advocacy, witness handling, thorough approach and quick turn around on papers.

JASMINE SKANDER

YEAR OF CALL2011

EDUCATIONLLB (Hons) 2.1 University of London Queen Mary College 2009Very Competent Nottingham Law School 2011

Tony MorrisseySenior Civil [email protected] 955 5176

insurance group clerks

Jane SlingsbyDiary [email protected] 955 5103

Sam RobertsJunior [email protected] 955 5110

Joe GibsonTeam [email protected] 955 5161

Phillip SpencerJunior [email protected] 955 5106

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