NESBIT LAW GROUP LLP Is there potential value in resurrecting previously written off claims where insurers told fraud was involved?

Nesbit Law Group (NLG) Niche personal injury firm established in 2003 Specialising in allegation of fraud work Long standing member of CHO

What we do.. An outsource solution for law firms NLG specialise in cases where there is a direct or indirect allegation of fraud Our Fee Earners have extensive credit hire experience

Legal Landscape In 2014 the ABI uncovered 130,000 fraudulent claims Fundamental dishonesty introduced by CPR 44.16 Section 57 Criminal Justice and Courts Act

Section 57 Criminal Justice and Courts Act (1) This section applies where, in proceedings on a claim for damages in respect of personal injury (‘the primary claim’) – (a) the court finds that the claimant is entitled to damages in respect of the claim, but (b) on an application by the defendant for the dismissal of the claim under this section, the court if satisfied on the balance of probabilities that the claimant has been fundamentally dishonest in relation to the primary claim or a related claim. (2) The court must dismiss the primary claim, unless it is satisfied that the claimant would suffer substantial injustice if the claim were dismissed. (3) The duty under subsection (2) includes the dismissal of any element of the primary claim in respect of which the claimant has not been dishonest.

Solution NLG use their expertise to recapture the client and revive the case On establishing contact with the client NLG expert fraud department will assess the claim Where there is no cogent evidence of fraud, full evidence will be collated and we will prepare to issue the case without delay

Benefits Enhanced customer journey Opportunity to recover credit hire that might otherwise be lost Opportunity for current panel solicitors to recoup WIP as NLG agree to preserve their lien as to costs Opportunity to recover paid disbursements and unpaid disbursements that otherwise would go to waive percentage Win/win position

Any Questions?

Contact details Marc Levy - Partner 0161 763 0045 mlevy@nesbitlawgroup.co.uk Ian Moorhouse - Operations Manager 0161 763 0331 ian.moorhouse@nesbitlawgroup.co.uk