PI Practitioner – each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area

Pleading Fraud

• Three Rivers v. Bank of England [2003] 2 AC 1 at 291. Per Lord Millet, an allegation of fraud or dishonesty must be distinctly alleged and proven; unequivocal; and particularised so that the other party knows precisely the case that he must meet.

• Kearsley v. Klarfeld [2005] EWCA Civ 1510, it is not necessary for the defence in a low velocity impact to include a substantive allegation of fraud or fabrication. In fact ‘there was no burden on…[the defendant] to prove fraud. It was sufficient that they set out fully the facts from which they would be inviting the Judge to draw the inference that the plaintiff had not in fact suffered the injuries he asserted.”

May 4, 2012 · Editorial Team · Comments Closed
Posted in: Cases