Simon McCann secures a discontinuance and an admission of âFD" in a ÂŁ1M fraud case
Simon represented Allianz in a claim brought against them by Mr Burman as a result of a no-fault road traffic accident. Mr Burman's damages claim was for in excess of ÂŁ1/2 million, and with his costs included, the figure was close to ÂŁ1M.
The claim involved many of the âusualâ issues in cases of fraud and fundamental dishonesty - particularly surveillance and social media. When confronted with the evidence that had been obtained, Mr Burman (eventually) indicated that he would like to discontinue his claim.
However, since Mr Burman had received an interim payment this could not be done without insurerâs consent, which they were unwilling to give without some recognition of dishonesty on his part.
In what is believed to be a first in this sort of litigation, Simonâs idea was to suggest that Mr Burman admitted his dishonesty in open correspondence, and then insurers would allow him to end his claim. Mr Burman agreed, and insurers were able to avoid the cost of a 4-day trial whilst also securing the open confession of fundamental dishonesty.

Also Recently
-
Mini-Pupillage Applications now OPEN
Deans Court Chambers are delighted to announce we are now accepting applications for our Mini-Pupillage scheme.Applications close on 21st FebruaryâŠ
Jan 31
-
Richard Flook successfully appeals length of defendantâs sentence in the Court of Appeal
Richard Flook successfully appealed the length of a defendantâs sentence in the Court of Appeal. The appeal saw the defendant'sâŠ
Jan 28